Sec. 26. A trustee shall allocate to principal:

(1) to the extent not allocated to income under this chapter, assets received from:

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Terms Used In Indiana Code 30-2-14-26

  • accounting period: means a calendar year unless another twelve (12) month period is selected by a fiduciary. See Indiana Code 30-2-14-1
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • beneficiary: includes , in the case of:

    Indiana Code 30-2-14-2

  • Contract: A legal written agreement that becomes binding when signed.
  • Decedent: A deceased person.
  • income: means money or property that a fiduciary receives as current return from a principal asset. See Indiana Code 30-2-14-4
  • income interest: means 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. See Indiana Code 30-2-14-6
  • mandatory income interest: means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute. See Indiana Code 30-2-14-7
  • net income: means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under this chapter to or from income during the period. See Indiana Code 30-2-14-8
  • principal: means property that is held in trust for distribution to a remainder beneficiary when the trust terminates or that will remain perpetually vested in the trustee. See Indiana Code 30-2-14-10
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See Indiana Code 30-2-14-13
  • Trustee: A person or institution holding and administering property in trust.
(A) a transferor during the transferor’s lifetime;

(B) a decedent‘s estate;

(C) a trust with a terminating income interest; or

(D) a payer under a contract naming the trust or its trustee as beneficiary;

(2) money or other property received from the sale, exchange, liquidation, or change in form of a principal asset, including realized profit, subject to sections 23 through 37 of this chapter;

(3) amounts recovered from third parties to reimburse the trust because of disbursements described in section 39(a)(7) of this chapter or for other reasons to the extent not based on the loss of income;

(4) proceeds of property taken by eminent domain, but a separate award made for the loss of income with respect to an accounting period during which a current income beneficiary had a mandatory income interest is income;

(5) net income received in an accounting period during which there is no beneficiary to whom a trustee may or must distribute income; and

(6) other receipts as provided in sections 30 through 37 of this chapter.

As added by P.L.84-2002, SEC.2.