A. Expenses, taxes and other charges that would otherwise be deducted from income if the trust was not a total return trust may not be deducted from the distribution amount.

Ask a will, trust or estate question, get an answer ASAP!
Thousands of highly rated, verified estate & trust lawyers.
Click here to chat with a lawyer about your rights.

B. Unless otherwise provided by the governing instrument, the distribution amount each year shall be deemed to be paid from the following sources for that year in the following order:

(1)     net income determined as if the trust were not a total return trust;

(2)     other ordinary income as determined for federal income tax purposes;

(3)     net realized short-term capital gains as determined for federal income tax purposes;

(4)     net realized long-term capital gains as determined for federal income tax purposes;

(5)     trust principal comprising assets for which there is a readily available market value; and

(6)     other trust principal.