Utah Code 22-3-413. Receipts normally apportioned — Marital deduction property not productive of income
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(1) If a trust received property for which a gift or estate tax marital deduction was allowed and the settlor’s spouse holds a mandatory income interest in the trust, the spouse may require the trustee, to the extent the trust assets otherwise do not provide the spouse with sufficient income from or use of the trust assets to qualify for the deduction, to:
Terms Used In Utah Code 22-3-413
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Trustee: A person or institution holding and administering property in trust.
(1)(a) make property productive of income;
(1)(b) convert property to property productive of income within a reasonable time; or
(1)(c) exercise the power to adjust under Section 22-3-203.
(2) The trustee may decide which action or combination of actions in Subsection (1) to take.