Sec. 13.38.320. Factors to be considered.

207 words·~1 min read·/ak/title-13/chapter-38/13-38-320

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In deciding whether to exercise the power conferred by AS 13.38.300 , a trustee may consider, among other things,

(1)the size of the trust;

(2)the nature and estimated duration of the trust;

(3)the liquidity and distribution requirements of the trust;

(4)the need for regular distributions and preservation and appreciation of capital;

(5)the expected tax consequences of the conversion;

(6)the assets held in the trust; the extent to which they consist of financial assets, interests in closely held enterprises, tangible and intangible personal property, or real property; and the extent to which an asset is used by a beneficiary;

(7)to the extent reasonably known to the trustee, the need of the beneficiaries for present and future distributions authorized or required by the governing instrument;

(8)whether and to what extent the governing instrument gives the trustee the power to invade principal or accumulate income or prohibits the trustee from invading principal or accumulating income and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income;

(9)the actual and anticipated effect of economic conditions on principal and income and the effects of inflation and deflation.