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Utah Code § 75A-5-502

Disbursement from principal

Renumbered and Amended by Chapter 364, 2024 General Session

(1) Subject to Section 75A-5-505, and except as otherwise provided in Subsection 75A-5-601(3)(b) or (c), a fiduciary shall disburse from principal:

(a) the balance of the disbursements described in Subsections 75A-5-501(1) and (3), after application of Subsection 75A-5-501(2);

(b) the fiduciary's compensation calculated on principal as a fee for acceptance, distribution, or termination;

(c) a payment of an expense to prepare for or execute a sale or other disposition of property;

(d) a payment on the principal of a trust debt;

(e) a payment of an expense of an accounting, judicial or nonjudicial proceeding, or other matter that involves primarily principal, including a proceeding to construe the terms of the trust or protect property;

(f) a payment of a premium for insurance, including title insurance, not described in Subsection 75A-5-501(4), of which the fiduciary is the owner and beneficiary;

(g) a payment of an estate or inheritance tax or other tax imposed because of the death of a decedent, including penalties, apportioned to the trust; and

(h) a payment:

(i) related to environmental matters, including:

(A) reclamation;

(B) assessing environmental conditions;

(C) remedying and removing environmental contamination;

(D) monitoring remedial activities and the release of substances;

(E) preventing future releases of substances;

(F) collecting amounts from persons liable or potentially liable for the costs of activities described in Subsections (1)(h)(i)(A) through (E);

(G) penalties imposed under environmental laws or regulations;

(H) other actions to comply with environmental laws or regulations;

(I) statutory or common law claims by third parties; and

(J) defending claims based on environmental matters; and

(ii) for a premium for insurance for matters described in Subsection (1)(h)(i).

(2) If a principal asset is encumbered with an obligation that requires income from the asset to be paid directly to a creditor, the fiduciary shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.