2019 Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 34. Principal and Income
Part 4. Montana Uniform Principal and Income Act
72-34-442. Receipts from liquidating assets -- allocation
72-34-442. Receipts from liquidating assets -- allocation. (1) In this section, "liquidating asset" means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a period of limited duration. The term includes a leasehold, patent, copyright, royalty right, and right to receive payments under an arrangement that does not provide for the payment of interest on the unpaid balance. The term does not include a payment subject to 72-34-441, natural resources subject to 72-34-443, timber subject to 72-34-444, a derivative or option subject to 72-34-446, an asset subject to 72-34-447, or any asset for which the trustee establishes a reserve for depreciation under 72-34-450.
(2) A trustee shall allocate to income 85% from a liquidating asset and the balance to principal.
History: En. Sec. 22, Ch. 506, L. 2003; amd. Sec. 5, Ch. 513, L. 2005.
