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Current as of January 01, 2022 | Updated by FindLaw Staff
1. Depreciation. As used in this section, “depreciation” means a reduction in value due to wear, tear, decay, corrosion or gradual obsolescence of a fixed asset having a useful life of more than one year.
2. Reasonable amount of net cash receipts. A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer for depreciation any amount:
A. Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary;
B. During the administration of a decedent's estate; or
C. Under this section if the trustee is accounting under section 7-443 for the business or activity in which the asset is used.
3. Separate fund not required. An amount transferred to principal pursuant to subsection 2 need not be held as a separate fund.
Cite this article: FindLaw.com - Maine Revised Statutes Title 18-C. Probate Code § 7-463. Transfers from income to principal for depreciation - last updated January 01, 2022 | https://codes.findlaw.com/me/title-18-c-probate-code/me-rev-st-tit-18-c-sect-7-463/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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