Cal. Prob. Code § 16338
Unitrust
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2023
As of January 1, 2011
In a proceeding with respect to a trustee’s exercise or nonexercise of the power to make an adjustment under Section 16336, the sole remedy is to direct, deny, or revise an adjustment between principal and income. In a proceeding with respect to a trustee’s exercise or nonexercise of a power conferred by Sections 16336.4 to 16336.6, inclusive, the sole remedy is to obtain an order directing the trustee to convert the trust to a unitrust, to reconvert from a unitrust, to change the distribution percentage, or to order any administrative procedures the court determines to be necessary or helpful for the proper functioning of the trust.
(a) A unitrust plan may include any of the following:
(1) Provide methods and standards for all of the following:
(A) Determining the timing of distributions.
(B) Making distributions in money or in kind or partly in money and partly in kind.
(C) Correcting an underpayment or overpayment to a beneficiary based on the unitrust amount if there is an error in calculating the unitrust amount.
(2) Specify sources and the order of sources, including categories of income for federal income tax purposes, from which distributions of a unitrust amount are paid.
(3) Provide other standards and rules the fiduciary determines serve the interests of the beneficiaries.
(b) If a trust qualifies for a special tax benefit or a fiduciary is not an independent person:
(1) The unitrust rate established under Section 16335 may not be less than 3 percent or more than 5 percent.
(2) The only provisions of Section 16336 that apply are subdivision (a) and paragraphs (1), (4), and (9) of, and subparagraph (A) of paragraph (5) of, subdivision (b) of that section.
(3) The only period that may be used under Section 16337 is a calendar year under paragraph (1) of subdivision (a) of Section 16337.
(4) The only other provisions of Section 16337 that apply are subparagraph (A) of paragraph (2) of, and paragraph (3) of, subdivision (b) of that section.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.