Section 11-A-4.13. Property not productive of income  


Latest version.
  • (a)  If  a gift tax or estate tax marital deduction is allowed for all
      or part of a trust whose assets consist substantially of  property  that
      does  not  provide  the spouse with sufficient income from or use of the
      trust assets, and  if  the  amounts  that  the  trustee  transfers  from
      principal to income under paragraph 11-2.3 (b)(5) and distributes to the
      spouse   from   principal  pursuant  to  the  terms  of  the  trust  are
      insufficient  to  provide  the  spouse  with  the  beneficial  enjoyment
      required  to  obtain  the  marital deduction, the spouse may require the
      trustee to make property productive of income, convert property within a
      reasonable time, or exercise the power  conferred  by  paragraph  11-2.3
      (b)(5). The trustee may decide which action or combination of actions to
      take.
        (b)  In cases not governed by paragraph (a), proceeds from the sale or
      other disposition of an asset are principal without regard to the amount
      of income the asset produces during any accounting period.