Section 11-A-2.1. Determination and distribution of net income  


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  • After  a  decedent  dies, in the case of an estate, or after an income
      interest in a trust ends, the following rules apply:
        (1) A fiduciary of an estate or of a terminating income interest shall
      determine the amount of net income and net principal  receipts  received
      from  property  specifically  given  to a beneficiary under the rules in
      parts 3 through 5 which apply to trustees and  the  rules  in  paragraph
      (5).  The  fiduciary  shall  distribute the net income and net principal
      receipts to the beneficiary who is to receive the specific property.
        (2) A  fiduciary  shall  determine  the  remaining  net  income  of  a
      decedent's  estate  or  a terminating income interest under the rules in
      parts 3 through 5 which apply to trustees and by:
        (A) including in net income all income from property used to discharge
      liabilities;
        (B) paying from income or principal, in  the  fiduciary's  discretion,
      fees  of  attorneys, accountants, and fiduciaries; court costs and other
      expenses of  administration;  and  interest  on  death  taxes,  but  the
      fiduciary  may  pay  those expenses from income of property passing to a
      trust for which the fiduciary claims an estate tax marital or charitable
      deduction only to the extent that the payment  of  those  expenses  from
      income will not cause the reduction or loss of the deduction; and
        (C)  paying from principal all other disbursements made or incurred in
      connection with the settlement of a decedent's estate or the winding  up
      of  a  terminating  income  interest, including debts, funeral expenses,
      disposition of remains, family allowances, and death taxes  and  related
      penalties  that  are  apportioned  to  the  estate or terminating income
      interest by the will, the terms of the trust, or applicable law.
        (3) A fiduciary shall distribute  to  a  beneficiary  who  receives  a
      pecuniary  amount  outright the interest or any other amount provided by
      the will, the terms of the trust, or  applicable  law  from  net  income
      determined  under paragraph (2) or from principal to the extent that net
      income is insufficient. If a  beneficiary  is  to  receive  a  pecuniary
      amount  outright  from  a  trust  after  an  income interest ends and no
      interest or other amount is provided for by the terms of  the  trust  or
      applicable  law,  the  fiduciary  shall distribute the interest or other
      amount to which the beneficiary would be entitled under  applicable  law
      if the pecuniary amount were required to be paid under a will.
        (4)  A  fiduciary  shall  distribute  the  net  income remaining after
      distributions required by paragraph  (3)  in  the  manner  described  in
      11-A-2.2  to  all  other  beneficiaries,  including  a  beneficiary  who
      receives a pecuniary amount in trust, even if the beneficiary  holds  an
      unqualified  power  to withdraw assets from the trust or other presently
      exercisable general power of appointment over the trust.
        (5) A fiduciary may not  reduce  principal  or  income  receipts  from
      property  described  in  paragraph (1) because of a payment described in
      11-A-5.1 or 11-A-5.2 to the extent that  the  will,  the  terms  of  the
      trust, or applicable law requires the fiduciary to make the payment from
      assets  other  than  the  property  or  to the extent that the fiduciary
      recovers or expects to recover the payment from a third party.  The  net
      income  and  principal  receipts  from  the  property  are determined by
      including all of the amounts the fiduciary receives or pays with respect
      to the property, whether those amounts accrued or became due before, on,
      or after the  date  of  a  decedent's  death  or  an  income  interest's
      terminating event, and by making a reasonable provision for amounts that
      the  fiduciary  believes  the  estate or terminating income interest may
      become obligated to pay after the property is distributed.