Oklahoma § 60-175.202 - Distribution to residuary and remainder beneficiaries

§ 60-175.202. Distribution to residuary and remainder beneficiaries

DISTRIBUTION TO RESIDUARY AND REMAINDER BENEFICIARIES

Oklahoma Statutes - Title 60. Property

A. Each beneficiary described in paragraph 4 of Section 175.201

of Title 60 of the Oklahoma Statutes is entitled to receive a

portion of the net income equal to the beneficiary's fractional

interest in undistributed principal assets, using values as of the

distribution date. If a fiduciary makes more than one distribution

of assets to beneficiaries to whom this section applies, each

beneficiary, including one who does not receive part of the

distribution, is entitled, as of each distribution date, to the net

income the fiduciary has received after the date of death or

terminating event or earlier distribution date but has not

distributed as of the current distribution date.

B. In determining a beneficiary's share of net income, the

following rules apply:

1. The beneficiary is entitled to receive a portion of the net

income equal to the beneficiary's fractional interest in the

undistributed principal assets immediately before the distribution

date, including assets that later may be sold to meet principal

obligations;

2. The beneficiary's fractional interest in the undistributed

principal assets must be calculated without regard to property

specifically given to a beneficiary and property required to pay

pecuniary amounts not in trust;

3. The beneficiary's fractional interest in the undistributed

principal assets must be calculated on the basis of the aggregate

value of those assets as of the distribution date without reducing

the value by any unpaid principal obligation; and

4. The distribution date for purposes of this section may be

the date as of which the fiduciary calculates the value of the

assets if that date is reasonably near the date on which assets are

actually distributed.

C. If a fiduciary does not distribute all of the collected but

undistributed net income to each person as of a distribution date,

the fiduciary shall maintain appropriate records showing the

interest of each beneficiary in that net income.

D. A fiduciary may apply the rules in this section, to the

extent that the fiduciary considers it appropriate, to net gain or

loss realized after the date of death or terminating event or

earlier distribution date from the disposition of a principal asset

if this section applies to the income from the asset.

Added by Laws 1998, c. 115, § 6, eff. Nov. 1, 1998. Amended by Laws

1998, c. 422, § 37, eff. Nov. 1, 1998.