(a) A trustee shall make the following disbursements from income:
(1) One-half of the regular compensation of the trustee and of any person providing investment advisory or custodial services to the trustee;
(2) One-half of all court costs, attorney's fees, and other fees and expenses for accountings, judicial proceedings, or other matters that involve both the income and remainder interests;
(3) All of the other ordinary expenses incurred in connection with the administration, management, or preservation of trust property and the distribution of income, including interest, ordinary repairs, regularly recurring taxes assessed against principal, and court costs, attorney's fees, and other fees and expenses of a proceeding or other matter that concerns primarily the income interest; and
(4) Recurring premiums on insurance covering the loss of a principal asset or the loss of income from or use of the asset.
(b) Any of the above disbursements made in connection with judicial proceedings may be varied by the order of the court.
(c) All other disbursements shall be made from principal.
Section: 53-12-450 53-12-451 53-12-452 53-12-453 53-12-454 53-12-455 NextLast modified: October 14, 2016