Montana Code Annotated
Part 4. Montana Uniform Principal and Income Act
72-34-448. Disbursements from income

72-34-448. Disbursements from income. A trustee shall make the following disbursements from income to the extent that they are not disbursements to which 72-34-428(3)(b) or (3)(c) applies:
(1) except as otherwise ordered by the court, one-half of the regular compensation of the trustee and of any person providing investment advisory or custodial services to the trustee;
(2) except as otherwise ordered by the court, one-half of all expenses for accountings, judicial proceedings, or other matters that involve both the income and remainder interests;
(3) all of the other ordinary expenses incurred in connection with the administration, management, or preservation of trust property and the distribution of income, including interest, ordinary repairs, regularly recurring taxes assessed against principal, and expenses of a proceeding or other matter that concerns primarily the income interest; and
(4) all recurring premiums on insurance covering the loss of a principal asset or the loss of income from or use of the asset.
History: En. Sec. 28, Ch. 506, L. 2003.

Structure Montana Code Annotated

Montana Code Annotated

Title 72. Estates, Trusts, and Fiduciary Relationships

Chapter 34. Principal and Income

Part 4. Montana Uniform Principal and Income Act

72-34-401. Repealed

72-34-402. Repealed

72-34-403. Repealed

72-34-404. Repealed

72-34-405. Repealed

72-34-406. Repealed

72-34-407. Repealed

72-34-408. Repealed

72-34-409. Repealed

72-34-410. Repealed

72-34-411. Repealed

72-34-412. Repealed

72-34-413. through 72-34-415 reserved

72-34-416. Repealed

72-34-417. through 72-34-420 reserved

72-34-421. Short title

72-34-422. Definitions

72-34-423. Allocation between principal and income -- impartial exercise of discretion

72-34-424. Adjustments between principal and income

72-34-425. Notice of proposed action -- objections by beneficiary -- liability of trustee -- proceedings

72-34-426. Proceedings relating to adjustments -- remedy

72-34-427. Application of part

72-34-428. Rules applicable after decedent's death or termination of income interest

72-34-429. Beneficiary's portion of net income -- maintenance of records -- distribution date

72-34-430. Beneficiary's entitlement to net income -- assets subject to trust -- assets subject to successive income interest -- termination of income interest

72-34-431. Allocation of income receipt or disbursement

72-34-432. Undistributed income -- definition -- payment to beneficiary

72-34-433. Allocation of receipts to income or principal -- entity defined

72-34-434. Allocation of amounts received from specified trusts or estates

72-34-435. Separate accounting records for business or other activity

72-34-436. Amounts allocated to principal

72-34-437. Amounts received from rental property allocation

72-34-438. Interest on obligation to pay money -- allocation

72-34-439. Life insurance policy proceeds -- proceeds of contracts insuring against certain losses -- allocation

72-34-440. Insubstantial allocation -- allocation of entire amount to principal -- exceptions

72-34-441. Payments characterized as interest or dividend -- allocation to income -- allocation of other payments -- excess allocation to income in order to obtain estate tax marital deduction

72-34-442. Receipts from liquidating assets -- allocation

72-34-443. Receipts from mineral interests and other natural resources -- allocation

72-34-444. Receipts from sale of timber and related products -- allocation

72-34-445. Increasing income in order to maintain marital deduction

72-34-446. Transactions in derivatives -- allocations of receipts and disbursements -- options to buy or sell property -- allocation of amounts received or paid

72-34-447. Payments from collateral financial assets and payments in exchange for interest in asset-backed security -- allocation

72-34-448. Disbursements from income

72-34-449. Disbursements from principal

72-34-450. Assets subject to depreciation -- transfer from income to principal of portion of net cash receipts

72-34-451. Transfer from income to principal in anticipation of principal disbursement

72-34-452. Payment of taxes

72-34-453. Adjustments between principal and income in certain cases