Section 11-A-5.2. Disbursements from principal  


Latest version.
  • (a) A trustee shall make the following disbursements from principal:
        (1)  the  remaining  two-thirds  of  the  disbursements  described  in
      paragraph 11-A-5.1 (1);
        (2) all of the trustee's compensation calculated on principal as a fee
      for acceptance, distribution, or termination, and disbursements made  to
      prepare property for sale;
        (3) payments on the principal of a trust debt;
        (4)  except  as  provided  in paragraph 11-A-5.1 (2), all expenses for
      accountings, judicial proceedings or other matters that involve both the
      income and remainder interests  or  that  concern  primarily  principal,
      including  a proceeding to construe the trust or to protect the trust or
      its property;
        (5) premiums paid on a policy of insurance not described in  paragraph
      11-A-5.1 (4) of which the trust is the owner and beneficiary;
        (6)   estate,   inheritance,   and  other  transfer  taxes,  including
      penalties, apportioned to the trust; and
        (7)  disbursements  related  to   environmental   matters,   including
      reclamation,  assessing environmental conditions, remedying and removing
      environmental contamination,  monitoring  remedial  activities  and  the
      release   of   substances,  preventing  future  releases  of  substances
      collecting amounts from persons liable or  potentially  liable  for  the
      costs of those activities, penalties imposed under environmental laws or
      regulations  and  other  payments  made  to  comply  with  those laws or
      regulations, statutory or  common  law  claims  by  third  parties,  and
      defending claims based on environmental matters.
        (b)  If  a  principal  asset  is  encumbered  with  an obligation that
      requires income from that asset to be paid directly to the creditor, the
      trustee shall transfer from principal to income an amount equal  to  the
      income paid to the creditor in reduction of the principal balance of the
      obligation.