A. Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within thirty days after the proposal was sent, but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection.
B. Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses and taxes.
C. A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent:
(1) it was induced by improper conduct of the trustee; or
(2) the beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts relating to the breach.
History: Laws 2003, ch. 122, § 8-817.
Effective dates. — Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003.
Structure 2021 New Mexico Statutes
Chapter 46A - Uniform Trust Code
Article 8 - Duties and Powers of Trustee
Section 46A-8-801 - Duty to administer trust.
Section 46A-8-802 - Duty of loyalty.
Section 46A-8-803 - Impartiality.
Section 46A-8-804 - Prudent administration.
Section 46A-8-805 - Costs of administration.
Section 46A-8-806 - Trustee's skills.
Section 46A-8-807 - Delegation by trustee.
Section 46A-8-809 - Control and protection of trust property.
Section 46A-8-810 - Recordkeeping and identification of trust property.
Section 46A-8-811 - Enforcement and defense of claims.
Section 46A-8-812 - Collecting trust property.
Section 46A-8-813 - Duty to inform and report.
Section 46A-8-814 - Discretionary powers; tax savings.
Section 46A-8-815 - General powers of trustee.