A. As used in this section, “liquidating asset” means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a limited time. “Liquidating asset” 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.

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Terms Used In Virginia Code 64.2-1057

  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: includes a trustee, trust director under the Uniform Directed Trust Act (§ Virginia Code 64.2-1033
  • Includes: means includes, but not limited to. See Virginia Code 1-218
  • Income: includes a part of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided in Articles 4 (§ 64.2-1048, 64.2-1056, 64.2-1058, 64.2-1059, 64.2-1061, 64.2-1062, 64.2-1063, or 64.2-1066.

    C. A fiduciary shall allocate:

    1. To income:

    a. A receipt produced by a liquidating asset, to the extent the receipt does not exceed four percent of the value of the asset; or

    b. If the fiduciary cannot determine the value of the asset, 10 percent of the receipt; and

    2. To principal, the balance of the receipt.

    2022, c. 354.