§ 3342. Apportionment of receipts and disbursements when decedent dies or income interest begins
(a) A trustee shall allocate an income receipt or disbursement other than one to which subdivision 3331(1) of this title applies to principal if its due date occurs before a decedent dies in the case of an estate or before an income interest begins in the case of a trust or successive income interest.
(b) A trustee shall allocate an income receipt or disbursement to income if its due date occurs on or after the date on which a decedent dies or an income interest begins and it is a periodic due date. An income receipt or disbursement must be treated as accruing from day to day if its due date is not periodic or it has no due date. The portion of the receipt or disbursement accruing before the date on which a decedent dies or an income interest begins must be allocated to principal and the balance must be allocated to income.
(c) An item of income or an obligation is due on the date the payer is required to make a payment. If a payment date is not stated, there is no due date for the purposes of this chapter. Distributions to shareholders or other owners from an entity to which section 3351 of this title applies are deemed to be due on the date fixed by the entity for determining who is entitled to receive the distribution or, if no date is fixed, on the declaration date for the distribution. A due date is periodic for receipts or disbursements that must be paid at regular intervals under a lease or an obligation to pay interest or if an entity customarily makes distributions at regular intervals. (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