Mercer Advisors
Sharing Knowledge

Question

Regarding “net income and principal to spouse for health education, maintenance, and support (HEMS),” why is there any restriction on what the surviving spouse can spend the money on?

Answer

This provision is for creditor (lawsuit) protection and potential tax savings. The IRS construes the provision quite liberally. Essentially, the surviving spouse may use the assets for his/her own benefit.

Related FAQs

What is a SLAT (spousal lifetime access trust)?

What is a GRAT (grantor retained annuity trust)?

What is a dynasty trust?
Estate Planning Trusts Protecting Your Legacy FAQs
Last Updated June 22, 2026
Previous Next

Further Learning

Estate Planning Article

Illinois Estate Tax: What High-Net-Worth Families Need To Know

Illinois’ $4 million estate tax exemption, far below the $15 million federal threshold, can expose high-net-worth families to unexpected state tax bills without proactive planning.

man meeting with a financial advisor in office, shaking hands
What Clients Ask Article

Questions to Ask When Choosing a Financial Advisor

Discover the essential questions to ask when choosing a financial advisor — covering fiduciary duty, compensation models, and team approach.

Investment Management Article

Financial Planning Is a Prerequisite to Successful Investing

At Mercer Advisors, financial planning often serves as the starting point for investing decisions. It is the foundation of our evidence-based investing principles.

Estate Planning Guide

The Family Guide to Estate Planning: Helping To Protect What You’ve Built Across Generations

Explore wills, trusts, beneficiary traps, POAs, estate tax changes, inherited IRAs, gifting, and family conversations in one comprehensive planning guide.

Back to Sharing Knowledge

About Mercer Advisors

We exist so you don’t have to worry about money. For more than 40 years, we’ve taken the sophisticated, time-tested approach that many ultra-high net worth individuals use to help manage their financial lives and made it accessible to more families.

Explore Our Solutions

Financial Planning
Estate Planning
Tax Planning & Preparation
Insurance Solutions
Investment Management
Trustee Services

Want to learn more about Mercer Advisors?

Let’s Talk