(a) If a 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 fiduciary transfers from principal to income pursuant to Section 19-3A-104, if applicable, 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, then the spouse may require the fiduciary (1) to make property productive of income, (2) to convert property within a reasonable time or (3) to exercise the power conferred by Section 19-3A-104(a), if applicable. The fiduciary may decide which action or combination of actions to take.
(b) In cases not governed by subsection (a), a fiduciary shall allocate to principal the proceeds from the sale or other disposition of an asset without regard to the amount of income the asset produces during any accounting period.
Structure Code of Alabama
Title 19 - Fiduciaries and Trusts.
Chapter 3A - Alabama Principal and Income Act.
Article 4 - Allocation of Receipts During Administration.
Section 19-3A-401 - Character of Receipts.
Section 19-3A-402 - Distributions From Trust or Decedent's Estate.
Section 19-3A-403 - Business and Other Activities Conducted by Fiduciary.
Section 19-3A-404 - Principal Receipts.
Section 19-3A-405 - Rental Property.
Section 19-3A-406 - Bonds and Other Obligations.
Section 19-3A-407 - Insurance Policies and Similar Contracts.
Section 19-3A-408 - Insubstantial Allocations Not Required.
Section 19-3A-409 - Deferred Compensation, Annuities, and Similar Payments.
Section 19-3A-410 - Liquidating Assets.
Section 19-3A-411 - Minerals, Water, and Other Natural Resources.
Section 19-3A-413 - Property Not Productive of Income.