§ 3363. Property not productive of income
(a) If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the spouse with sufficient income from or use of the trust assets, and if the amounts that the trustee transfers from principal to income under section 3324 of this title and distributes to the spouse from principal pursuant to the terms of the trust are insufficient to provide the spouse with the beneficial enjoyment required to obtain the marital deduction, the spouse may require the trustee to make property productive of income, convert property within a reasonable time, or exercise the power conferred by subsection 3324(a) of this title. The trustee may decide which action or combination of actions to take.
(b) In cases not governed by subsection (a) of this section, proceeds from the sale or other disposition of an asset are principal without regard to the amount of income the asset produces during any accounting period. (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