58-9a-501. Disbursement from income. Subject to K.S.A. 2021 Supp. 58-9a-504, and amendments thereto, and except as otherwise provided in K.S.A. 2021 Supp. 58-9a-601(c)(2) or (3), and amendments thereto, a fiduciary shall disburse from income:
(a) One-half of:
(1) The regular compensation of the fiduciary and any person providing investment advisory, custodial or other services to the fiduciary, to the extent income is sufficient; and
(2) an expense for an accounting, judicial or nonjudicial proceeding or other matter that involves both income and successive interests, to the extent income is sufficient;
(b) the balance of the disbursements described in subsection (a), to the extent a fiduciary that is an independent person determines that making those disbursements from income would be in the interests of the beneficiaries;
(c) another ordinary expense incurred in connection with administration, management or preservation of property and distribution of income, including interest, an ordinary repair, regularly recurring tax assessed against principal and an expense of an accounting, judicial or nonjudicial proceeding or other matter that involves primarily an income interest, to the extent income is sufficient; and
(d) a premium on insurance covering loss of a principal asset or income from or use of the asset.
History: L. 2021, ch. 63, ยง 33; July 1.
Structure Kansas Statutes
Chapter 58 - Personal And Real Property
Article 9a - Uniform Fiduciary Income And Principal Act
58-9a,201 Fiduciary duties; general principles.
58-9a,202 Judicial review of exercise of discretionary power; request for instruction.
58-9a,203 Fiduciary's power to adjust.
58-9a,301 Definitions related to unitrusts.
58-9a,302 Application; duties and remedies.
58-9a,303 Authority of fiduciary.
58-9a,304 Notice to fiduciaries.
58-9a,305 Unitrust policy; requirements.
58-9a,306 Same; unitrust rate.
58-9a,307 Same; applicable value.
58-9a,308 Same; period required; optional standards.
58-9a,309 Special tax benefits; other rules.
58-9a,401 Character of receipts from entity.
58-9a,402 Receipts from distribution from trust or estate.
58-9a,403 Accounting for business or other activity conducted by fiduciary.
58-9a,405 Receipts from rental property.
58-9a,406 Receipt from obligation to be paid in money.
58-9a,407 Receipts from insurance policy or contract.
58-9a,408 Insubstantial allocation not required.
58-9a,409 Receipts from deferred compensation, annuity or similar payment.
58-9a,410 Receipts produced by a liquidating asset.
58-9a,411 Receipts from interest in minerals, water and other natural resources.
58-9a,412 Receipts from sale of timber.
58-9a,413 Marital deduction property not productive of income.
58-9a,414 Receipts from derivative or option.
58-9a,415 Receipts from asset-backed security.
58-9a,416 Receipts from other financial instrument or arrangement.
58-9a,501 Disbursement from income.
58-9a,502 Disbursement from principal.
58-9a,503 Transfer from income to principal for depreciation.
58-9a,504 Reimbursement of income from principal.
58-9a,505 Reimbursement of principal from income.
58-9a,507 Adjustment between income and principal because of taxes.
58-9a,601 Determination and distribution of net income.
58-9a,602 Distribution to successor beneficiary.
58-9a,701 When right to income begins and ends.
58-9a,702 Apportionment of receipts and disbursements when decedent dies or income interest begins.
58-9a,703 Apportionment when income interest ends.
58-9a,801 Uniformity of application and construction.
58-9a,802 Relation to electronic signatures in global and national commerce act.