(a) In this section, the term, liquidating asset, means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a period of limited duration. The term includes a leasehold, patent, copyright, royalty right, and right to receive payments during a period of more than one year under an arrangement that does not provide for the payment of interest on the unpaid balance. The term does not include a payment subject to § 55-13A-409, resources subject to § 55-13A-411, timber subject to § 55-13A-412, an activity subject to § 55-13A-414, an asset subject to § 55-13A-415, or any asset for which the trustee establishes a reserve for depreciation under § 55-13A-503.

(b) A trustee shall allocate to income ten percent of the receipts from a liquidating asset and the balance to principal.

Need help with a review of a will?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Source: SL 2007, ch 282, § 20.