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HEMS: Navigating Health, Education, Maintenance, and Support in Estate Planning

Master the HEMS standard for trust distributions, covering drafting best practices, tax compliance under IRC Section 2041, and asset protection strategies.

2025-05-15 13:00:00

Program Details

2025-05-15 13:00:00

2025-05-15 13:00:00

2h CLE Credits

Program Details

2025-05-15 13:00:00

Program Details

2025-05-15 13:00:00

Over 1,000+ webinars

2025-05-15 13:00:00

Course Overview

Mastering HEMS Standards in Estate Planning

2025-05-15 13:00:00

Participants will learn to draft, implement, and administer HEMS provisions that protect trust assets while ensuring tax compliance. These skills enable practitioners to balance beneficiary access with estate tax exclusion.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
HEMS Definition
The ascertainable standard limiting distributions to health, education, maintenance, and support needs.
02
Tax Compliance
IRC Section 2041 safe harbor prevents general power of appointment classification.
03
Drafting Language
Use exact statutory words; avoid subjective terms like comfort or happiness.
04
Trustee Strategies
Bifurcate roles between beneficiary-trustees and independent trustees for flexibility.
05
Asset Protection
HEMS combined with spendthrift clauses shields trust assets from creditors.
06
GST Planning
HEMS preserves GST exemption for trusts benefiting multiple generations.

Program schedule

clock 1:00 pm - 2:00 pm EST

HEMS Standard: Balancing Protection, Flexibility, and Compliance

This session introduces the HEMS (health, education, maintenance, support) standard as an ascertainable standard for trust distributions, exploring its definition, significance, and common applications in estate planning. Attendees will examine the scope of qualifying expenses across all four categories, review practical case studies, and learn key drafting considerations to avoid common pitfalls while maintaining compliance.

Maria Cecilia RachadellMaria Cecilia Rachadell
Andrew WhiteAndrew White
clock 2:00 pm - 2:10 pm EST

Scheduled Break Between Sessions

A brief intermission allowing attendees to refresh before continuing with the second session. Use this time to review notes and prepare questions for the upcoming tax-focused discussion.

Maria Cecilia RachadellMaria Cecilia Rachadell
Andrew WhiteAndrew White
clock 2:10 pm - 3:10 pm EST

HEMS Tax Advantages: Mitigating Risks and Maximizing Benefits

This session dives into IRC Section 2041 and how HEMS creates a critical safe harbor preventing general power of appointment classification and adverse estate tax consequences. Participants will explore strategies for allowing beneficiaries to serve as trustees without tax implications, examine key court decisions including Kaestner and Hyde, and learn drafting techniques for bifurcating trustee roles.

Maria Cecilia RachadellMaria Cecilia Rachadell
Andrew WhiteAndrew White
Maria Cecilia Rachadell

Maria Cecilia Rachadell

CISA LatAm

Andrew White

Andrew White

Altman & Associates

Maria Cecilia Rachadell

Maria Cecilia Rachadell

CISA LatAm

Experienced international business lawyer with more than 25 years of practice and specific knowledge of the Latin America market. Expert in international tax, wealth and estate planning, mergers & acquisitions, complex commercial litigation, and international arbitration.

Recognition & Leadership

Well known for assembling cohesive multifunctional teams and positive dynamics among different functions. Outstanding negotiation skills proven in international arbitration cases.

Experience

More than 25 years of practice as an international business lawyer. Experience includes managing director, business developer, and legal consultant of Latin American high-profile clients. Recruited as an expert in appraising complex business and legal cases, and chartering new courses for clients expanding overseas or going through difficult conditions. Native Venezuelan, lived and worked in the United States and Venezuela.
Andrew White

Andrew White

Altman & Associates

Brings over two decades of experience advising clients on estate planning and trust administration. Known for his efficient, client-focused approach with thoughtful, steady guidance tailored to client needs.

Education & Credentials

University of Cincinnati College of Law (J.D., 2001); B.S. in Finance from Miami University. Admitted to practice in Maryland, Virginia, the District of Columbia, and Ohio.

Recognition & Leadership

Certified flight instructor with over 1,000 hours of flight time.

Professional Involvement

Held leadership roles in organizations supporting the arts and culture. Serves as Vice President of the Maury Elementary PTA. Active member of professional associations including the Maryland and Fairfax Bar Associations.

Experience

Over two decades of experience advising clients on estate planning and trust administration. Practice includes advising on estate and trust taxation, income tax planning, creditor protection, asset preservation, and navigating complexities of planning for blended families.
Maria Cecilia Rachadell

Maria Cecilia Rachadell

CISA LatAm

Experienced international business lawyer with more than 25 years of practice and specific knowledge of the Latin America market. Expert in international tax, wealth and estate planning, mergers & acquisitions, complex commercial litigation, and international arbitration.

Recognition & Leadership

Well known for assembling cohesive multifunctional teams and positive dynamics among different functions. Outstanding negotiation skills proven in international arbitration cases.

Experience

More than 25 years of practice as an international business lawyer. Experience includes managing director, business developer, and legal consultant of Latin American high-profile clients. Recruited as an expert in appraising complex business and legal cases, and chartering new courses for clients expanding overseas or going through difficult conditions. Native Venezuelan, lived and worked in the United States and Venezuela.
Andrew White

Andrew White

Altman & Associates

Brings over two decades of experience advising clients on estate planning and trust administration. Known for his efficient, client-focused approach with thoughtful, steady guidance tailored to client needs.

Education & Credentials

University of Cincinnati College of Law (J.D., 2001); B.S. in Finance from Miami University. Admitted to practice in Maryland, Virginia, the District of Columbia, and Ohio.

Recognition & Leadership

Certified flight instructor with over 1,000 hours of flight time.

Professional Involvement

Held leadership roles in organizations supporting the arts and culture. Serves as Vice President of the Maury Elementary PTA. Active member of professional associations including the Maryland and Fairfax Bar Associations.

Experience

Over two decades of experience advising clients on estate planning and trust administration. Practice includes advising on estate and trust taxation, income tax planning, creditor protection, asset preservation, and navigating complexities of planning for blended families.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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Live stream programs

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Trusted by Legal Professionals

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Trusted by Legal Professionals

1000+

Live stream programs

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70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Approved
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs