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FLORIDA STATUTES AND CODES

738.501 Principal receipts.

738.501 Principal receipts.

A trustee shall allocate to principal:

   (1) To the extent not allocated to income under this chapter, assets received from a transferor during the transferor’s lifetime, a decedent’s estate, a trust with a terminating income interest, or a payor under a contract naming the trust or its trustee as beneficiary.

   (2) Money or other property received from the sale, exchange, liquidation, or change in form of a principal asset, including realized profit, subject to this section.

   (3) Amounts recovered from third parties to reimburse the trust because of disbursements described in s. 738.702(1)(g) or for other reasons to the extent not based on the loss of income.

   (4) Proceeds of property taken by eminent domain but a separate award made for the loss of income with respect to an accounting period during which a current income beneficiary had a mandatory income interest is income.

   (5) Net income received in an accounting period during which there is no beneficiary to whom a trustee may or shall distribute income.

   (6) Other receipts as provided in ss. 738.601-738.608.

History. s. 1, ch. 2002-42.

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