Poder del fiduciario para hacer ajustes financieros en un fideicomiso

(d) If Subsection (c)(4), (5), (6), or (7) applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may make the adjustment unless the exercise of the power by the remaining trustee or trustees is not permitted by the terms of the trust. (e) A trustee may release the entire power conferred by Subsection (a) or may release only the power to adjust from income to principal or the power to adjust from principal to income if the trustee is uncertain about whether possessing or exercising the power will cause a result described in Subsections (c)(1)-(5) or Subsection (c)(7) or if the trustee determines that possessing or exercising the power will or may deprive the trust of a tax benefit or impose a tax burden not described in Subsection (c). The release may be permanent or for a specified period, including a period measured by the life of an individual. (f) Terms of a trust that limit the power of a trustee to make an adjustment between principal and income do not affect the application of this section unless it is clear from the terms of the trust that the terms are intended to deny the trustee the power of Statute text rendered on: - 853 - 10/26/2024 PROPERTY CODE adjustment conferred by Subsection (a). Added by Acts 2003, 78th Leg., ch. 659, Sec. 1, eff. Jan. 1, 2004. Amended by: Acts 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 25, eff. January 1, 2006. Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 21.002, eff. September 1