Effective January 1, 2002, New York's prudent investor standard (EPTL 11-2.3(b)) "also authorizes the trustee to adjust between principal and income" if the trustee considers such adjustment to be "advisable to enable the trustee to make appropriate present and future distributions" that would be "fair and reasonable to all of the beneficiaries." EPTL 11-2.3(b)(5)(A).
For additional information on the power to adjust in New York, see the Outline.
Hani Sarji
New York lawyer who cares about people, is fascinated by technology, and is writing his next book, Estate of Confusion: New York.
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