Missouri Revised Statutes
Chapter 469 - Disclaimers of Property
Section 469.401 - Definitions.

Effective - 28 Aug 2004
469.401. Definitions. — As used in sections 469.401 to 469.467, the following terms mean:
(1) "Accounting period", a calendar year unless another twelve-month period is selected by a fiduciary. The term includes a portion of a calendar year or other twelve-month period that begins when an income interest begins or ends when an income interest ends;
(2) "Beneficiary", an heir, legatee and devisee of a decedent's estate, and an income beneficiary and a remainder beneficiary of a trust, including any type of entity that has a beneficial interest in either an estate or a trust;
(3) "Fiduciary", a personal representative, trustee, executor, administrator, successor personal representative, special administrator and any other person performing substantially the same function;
(4) "Income", money or property that a fiduciary receives as current return from a principal asset, including a portion of receipts from a sale, exchange or liquidation of a principal asset, as provided in sections 469.423 to 469.449;
(5) "Income beneficiary", a person to whom net income of a trust is or may be payable;
(6) "Income interest", the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee's discretion;
(7) "Mandatory income interest", the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute;
(8) "Net income", if section 469.411 applies to the trust, the unitrust amount, or if section 469.411 does not apply to the trust, the total receipts allocated to income during an accounting period minus the disbursements made from income during the same period, plus or minus transfers pursuant to sections 469.401 to 469.467 to or from income during the same period;
(9) "Person", an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation or any other legal or commercial entity;
(10) "Principal", property held in trust for distribution to a remainder beneficiary when the trust terminates;
(11) "Qualified beneficiary", a beneficiary defined in section 456.1-103;
(12) "Remainder beneficiary", a person entitled to receive principal when an income interest ends;
(13) "Terms of a trust", the manifestation of the settlor's or decedent's intent expressed in a manner which is admissible as proof in a judicial proceeding, whether by written or spoken words or by conduct;
(14) "Trustee", an original, additional or successor trustee, whether or not appointed or confirmed by a court;
(15) "Unitrust amount", net income as defined by section 469.411.
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(L. 2001 H.B. 241, A.L. 2004 H.B. 1511)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXI - Trusts and Estates of Decedents and Persons Under Disability

Chapter 469 - Disclaimers of Property

Section 469.010 - General rule, effect of disclaimer.

Section 469.020 - Disclaimer, how and when made — delivery — right to disclaim.

Section 469.030 - Acceptance, how shown, preclusion of later disclaimer — who may accept or disclaim.

Section 469.040 - Revocable transfers.

Section 469.050 - Separate interests, disclaimers or acceptance.

Section 469.070 - Contingent interests.

Section 469.080 - Per stirpes transfers.

Section 469.090 - Special rules for interests under old transfers.

Section 469.100 - Special rule for persons attaining majority — transfers after 1976.

Section 469.110 - Chapter not exclusive.

Section 469.120 - Retroactive effect.

Section 469.240 - Definitions.

Section 469.250 - Payment or transfers to fiduciaries or at the direction of the fiduciary, effect on transferor.

Section 469.260 - Transfer of negotiable instrument by fiduciary.

Section 469.270 - Check drawn by fiduciary payable to third person.

Section 469.280 - Check drawn by and payable to fiduciary.

Section 469.290 - Deposit in name of fiduciary as such.

Section 469.300 - Deposit in name of principal.

Section 469.310 - Deposit in fiduciary's personal account.

Section 469.320 - Deposit in name of two or more trustees.

Section 469.330 - Cases not provided for in law.

Section 469.340 - Uniformity of interpretation.

Section 469.350 - Short title.

Section 469.401 - Definitions.

Section 469.402 - Applicability.

Section 469.403 - Disbursements to or between principal and income, fiduciary's responsibilities.

Section 469.405 - Adjustments between principal and income permitted by trustee, factors to be considered — no adjustment permitted, when.

Section 469.409 - Bar on claim of breach of fiduciary duty, when — applicable rules.

Section 469.411 - Determination of unitrust amount — definitions — exclusions to average net fair market value of assets — applicability of section to certain trusts — net income of trust to be unitrust amount, when.

Section 469.413 - Death of decedent or end of income interest, applicable rules.

Section 469.415 - Rights of beneficiaries to net income.

Section 469.417 - Beneficiary entitled to net income, when — asset subject to trust, when — income interest.

Section 469.419 - Trustee to allocate income receipt or disbursement, when.

Section 469.421 - Mandatory income interest, undistributed income, paid when.

Section 469.423 - Allocations by trustee — entity defined.

Section 469.425 - Allocations to income or principal.

Section 469.427 - Separate accounting records maintained, when, procedure.

Section 469.429 - Allocations to principal.

Section 469.431 - Rental property, allocation to income.

Section 469.432 - Interest allocated to income — amounts received from sale, redemption or disposition of an obligation to pay money to principal.

Section 469.433 - Life insurance proceeds allocated to principal — dividends allocated to income.

Section 469.435 - Insubstantial amounts may be allocated to principal, exceptions — presumption of insubstantial amount, when.

Section 469.437 - Distributions allocated as income, when — definitions — balance allocated to principal, when — effect of separate accounts or funds — marital deduction, effect of.

Section 469.439 - Ten percent of receipts from liquidating asset allocated to income, remainder to principal.

Section 469.441 - Allocation of interest in minerals or other natural resources — interest in water, allocation of.

Section 469.443 - Sale of timber and related products, allocation of net receipts.

Section 469.445 - Marital deduction, insufficient income, allowable actions.

Section 469.447 - Transactions in derivatives allocated to principal — options to sell or buy property allocated to principal.

Section 469.449 - Allocation of collateral financial assets and asset-backed securities.

Section 469.451 - Required disbursements from income.

Section 469.453 - Required disbursements from principal.

Section 469.455 - Depreciation not to be transferred.

Section 469.457 - Principal disbursement, permitted transfers.

Section 469.459 - Taxes to be paid from income or principal, when.

Section 469.461 - Adjustments between principal and income, when — estate tax marital deduction or charitable contributions, how handled.

Section 469.463 - Uniformity considered in application and construction.

Section 469.465 - Severability clause.

Section 469.467 - Applicability of sections.

Section 469.600 - Doctrine of worthier title and Rule in Bingham's case abolished, effect of language describing beneficiaries.

Section 469.900 - Citation of law — definitions.

Section 469.901 - Trustee duties, settlor may restrict or expand.

Section 469.902 - Trustee duties and powers — decisions to be evaluated in context of trust.

Section 469.903 - Diversification required, exception.

Section 469.904 - Trust assets, retention and disposition.

Section 469.905 - To whom duty owed.

Section 469.906 - Multiple beneficiaries, duty owed to whom.

Section 469.907 - Restriction on costs.

Section 469.908 - Prudent investor rule, standard.

Section 469.909 - Trustee powers, delegation — agent duties — liability of agent — agent submits to jurisdiction, when.

Section 469.910 - Trust terms and phrases, definition.

Section 469.911 - Applicability of certain sections.

Section 469.912 - Interpretation of certain sections.

Section 469.913 - Specific statutory standards to control.