Section 16365 Of Article 5.3. Allocation Of Receipts During Administration Of Trust: Receipts Normally Apportioned From California Probate Code >> Division 9. >> Part 4. >> Chapter 3. >> Article 5.3.
16365
. (a) If a marital deduction is allowed for all or part of a
trust whose assets consist substantially of property that does not
provide the spouse with sufficient income from or use of the trust
assets, and if the amounts that the trustee transfers from principal
to income under Section 16336 and distributes to the spouse from
principal pursuant to the terms of the trust are insufficient to
provide the spouse with the beneficial enjoyment required to obtain
the marital deduction, the spouse may require the trustee to make
property productive of income or convert it into productive property
or exercise the power under subdivision (a) of Section 16336 within a
reasonable time. The trustee may decide which action or combination
of actions to take.
(b) In cases not governed by subdivision (a), proceeds from the
sale or other disposition of a trust asset are principal without
regard to the amount of income the asset produces during any
accounting period.