2020 Colorado Revised Statutes
Title 15 - Probate, Trusts, And Fiduciaries
Article 1. Fiduciary
Section 15-1-410. Apportionment when income interest ends.
(1) For the purposes of this section, "undistributed income" means net income received before the date on which an income interest ends. The term does not include an item of income or expense that is due or accrued or net income that has been added or is required to be added to principal under the terms of the trust.
When a mandatory income interest ends, the trustee shall pay to a mandatory incomebeneficiary who survives that date, or the estate of a deceased mandatory income beneficiary whose death causes the interest to end, the beneficiary's share of the undistributed income that is not disposed of under the terms of the trust unless the beneficiary has an unqualified power to revoke more than five percent of the trust immediately before the income interest ends. In the latter case, the undistributed income from the portion of the trust that may be revoked must be added to principal.
When a trustee's obligation to pay a fixed annuity or a fixed fraction of the value ofthe trust's assets ends, the trustee shall prorate the final payment if and to the extent required by applicable law to accomplish a purpose of the trust or its settlor relating to income, gift, estate, or other tax requirements.
Source: L. 2000: Entire part R&RE, p. 1137, § 1, effective July 1, 2001.
SUBPART 4
ALLOCATION OF RECEIPTS DURING ADMINISTRATION OF TRUST
Cross references: For information concerning the effective date of this subpart 4, see § 15-1-434.
