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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 469

Effective - 28 Aug 2004 bottom

  469.401.  Definitions. — As used in sections 469.401 to 469.467, the following terms mean:

  (1)  "Accounting period", a calendar year unless another twelve-month period is selected by a fiduciary.  The term includes a portion of a calendar year or other twelve-month period that begins when an income interest begins or ends when an income interest ends;

  (2)  "Beneficiary", an heir, legatee and devisee of a decedent's estate, and an income beneficiary and a remainder beneficiary of a trust, including any type of entity that has a beneficial interest in either an estate or a trust;

  (3)  "Fiduciary", a personal representative, trustee, executor, administrator, successor personal representative, special administrator and any other person performing substantially the same function;

  (4)  "Income", money or property that a fiduciary receives as current return from a principal asset, including a portion of receipts from a sale, exchange or liquidation of a principal asset, as provided in sections 469.423 to 469.449;

  (5)  "Income beneficiary", a person to whom net income of a trust is or may be payable;

  (6)  "Income interest", the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee's discretion;

  (7)  "Mandatory income interest", the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute;

  (8)  "Net income", if section 469.411 applies to the trust, the unitrust amount, or if section 469.411 does not apply to the trust, the total receipts allocated to income during an accounting period minus the disbursements made from income during the same period, plus or minus transfers pursuant to sections 469.401 to 469.467 to or from income during the same period;

  (9)  "Person", an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation or any other legal or commercial entity;

  (10)  "Principal", property held in trust for distribution to a remainder beneficiary when the trust terminates;

  (11)  "Qualified beneficiary", a beneficiary defined in section 456.1-103;

  (12)  "Remainder beneficiary", a person entitled to receive principal when an income interest ends;

  (13)  "Terms of a trust", the manifestation of the settlor's or decedent's intent expressed in a manner which is admissible as proof in a judicial proceeding, whether by written or spoken words or by conduct;

  (14)  "Trustee", an original, additional or successor trustee, whether or not appointed or confirmed by a court;

  (15)  "Unitrust amount", net income as defined by section 469.411.

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(L. 2001 H.B. 241, A.L. 2004 H.B. 1511)


---- end of effective   28 Aug 2004 ----

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