§ 53-12-429 - Property not productive of income
               	 		
O.C.G.A.    53-12-429   (2010)
   53-12-429.    Property not productive of income 
      (a)  If  a marital deduction is allowed for all or part of a trust whose assets  consist substantially of property that does not provide the spouse with  sufficient income from or use of the trust assets, and if the amounts  that the trustee transfers from principal to income under Code Section  53-12-361 and distributes to the spouse from principal pursuant to the  terms of the trust are insufficient to provide the spouse with the  beneficial enjoyment required to obtain the marital deduction, the  spouse may require the trustee to make property productive of income,  convert property within a reasonable time, or exercise the power  conferred by Code Section 53-12-361. The trustee may decide which action  or combination of actions to take.
(b)  In  cases not governed by subsection (a) of this Code section, proceeds from  the sale or other disposition of an asset shall be principal without  regard to the amount of income the asset produces during any accounting  period.