§ 9:2164 — Underproductive property

§2164. Underproductive property
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
R.S. 9:2158 and distributes to the spouse from principal pursuant to the terms of the trust are
insufficient to provide the spouse an interest required to obtain the marital deduction, the
spouse may require the trustee to make property productive of income, convert property
within a reasonable time, or exercise the power conferred by R.S. 9:2158. The trustee may
decide which action or combination of actions to take.

Legislative History

Acts 2020, No. 17, §1, eff. Jan. 1, 2021.