§ 3332. Distribution to residuary and remainder beneficiaries
(a) Each beneficiary described in subdivision 3331(4) of this title is entitled to receive a portion of the net income equal to the beneficiary’s fractional interest in undistributed principal assets, using values as of the distribution date. If a fiduciary makes more than one distribution of assets to beneficiaries to whom this section applies, each beneficiary, including one who does not receive part of the distribution, is entitled, as of each distribution date, to the beneficiary’s fractional interest in the net income the fiduciary has received after the date of death or terminating event or earlier distribution date, but has not distributed as of the current distribution date.
(b) In determining a beneficiary’s share of net income, the following rules apply:
(1) The beneficiary is entitled to receive a portion of the net income equal to the beneficiary’s fractional interest in the undistributed principal assets immediately before the distribution date, including assets that later may be sold to meet principal obligations.
(2) The beneficiary’s fractional interest in the undistributed principal assets must be calculated without regard to property specifically given to a beneficiary and property required to pay pecuniary amounts.
(3) The beneficiary’s fractional interest in the undistributed principal assets must be calculated on the basis of the aggregate value of those assets as of the distribution date without reducing the value by any unpaid principal obligation.
(4) The distribution date for purposes of this section may be the date as of which the fiduciary calculates the value of the assets if that date is reasonably near the date on which assets are actually distributed.
(c) If a fiduciary does not distribute all of the collected but undistributed net income to each person as of a distribution date, the fiduciary shall maintain appropriate records showing the interest of each beneficiary in that net income.
(d) A fiduciary may apply the rules in this section, to the extent that the fiduciary considers it appropriate, to net gain or loss realized after the date of death or terminating event or earlier distribution date from the disposition of a principal asset if this section applies to the income from the asset. (Added 2011, No. 114 (Adj. Sess.), § 1.)
Structure Vermont Statutes
Title 14 - Decedents' Estates and Fiduciary Relations
Chapter 118 - Uniform Principal and Income Act
§ 3323. Fiduciary duties; general principles
§ 3324. Trustee’s power to adjust
§ 3325. Judicial control of discretionary power
§ 3326. Uniformity of application and construction
§ 3331. Determination and distribution of net income
§ 3332. Distribution to residuary and remainder beneficiaries
§ 3341. When right to income begins and ends
§ 3342. Apportionment of receipts and disbursements when decedent dies or income interest begins
§ 3343. Apportionment when income interest ends
§ 3352. Distribution from trust or estate
§ 3353. Business and other activities conducted by trustee
§ 3356. Obligation to pay money
§ 3357. Insurance policies and similar contracts
§ 3358. Insubstantial allocations not required
§ 3359. Deferred compensation, annuities, and similar payments
§ 3361. Minerals, water, and other natural resources
§ 3363. Property not productive of income
§ 3364. Derivatives and options
§ 3365. Asset-backed securities
§ 3371. Disbursements from income
§ 3372. Disbursements from principal
§ 3373. Transfers from income to principal for depreciation
§ 3374. Transfers from income to reimburse principal
§ 3376. Adjustments between principal and income because of taxes