In administering a total return unitrust, the trustee may, in the trustee’s sole discretion but subject to the provisions of the governing instrument, determine all of the following:

1. 1. The effective date of the conversion.
2. 2. The timing of distributions, including provisions for prorating a distribution for a short year in which a beneficiary’s right to payments commences or ceases.
3. 3. Whether distributions are to be made in cash or in kind or partly in cash and partly in kind.
4. 4. If the trust is reconverted to an income trust, the effective date of such reconversion.
5. 5. Such other administrative issues as may be necessary or appropriate to carry out the purposes of this subchapter.

2002 Acts, ch 1086, §15, 21

Referred to in §637.613