New Mexico Statutes
Chapter 46 - Fiduciaries and Trusts

Section 46-1-12 - Power of fiduciary or custodian to deposit securities in a central depository. - A. Notwithstanding any other provision of law, any fiduciary holding...

Section 46-1-13 - Establishment of common trust funds; inclusion of affiliates. - Any bank or trust company qualified to act as fiduciary...

Section 46-1-14 - Court accountings. - When an accounting of a common trust fund is presented...

Section 46-1-15 - Uniformity of interpretation. - This act [46-1-13 to 46-1-16 NMSA 1978] shall be so...

Section 46-1-16 - Short title. - This act [46-1-13 to 46-1-16 NMSA 1978] may be cited...

Article 2 - Trusts (Repealed.)

Section 46-2-1 - Repealed. - History: 1941 Comp., § 36-301, enacted by Laws 1951, ch....

Section 46-2-2 - Repealed. - History: 1941 Comp., § 36-302, enacted by Laws 1951, ch....

Section 46-2-3 - Repealed. - History: 1941 Comp., § 36-303, enacted by Laws 1951, ch....

Section 46-2-4 - Repealed. - History: 1978 Comp., § 46-2-4, enacted by Laws 1995, ch....

Section 46-2-5 - Repealed. - History: 1941 Comp., § 36-305, enacted by Laws 1951, ch....

Section 46-2-6 - Repealed. - History: 1978 Comp., § 46-2-6, enacted by Laws 1995, ch....

Section 46-2-7 - Repealed. - History: 1941 Comp., § 36-307, enacted by Laws 1951, ch....

Section 46-2-8 - Repealed. - History: 1941 Comp., § 36-308, enacted by Laws 1951, ch....

Section 46-2-9 - Repealed. - History: 1941 Comp., § 36-309, enacted by Laws 1951, ch....

Section 46-2-10 - Repealed. - History: 1941 Comp., § 36-310, enacted by Laws 1951, ch....

Section 46-2-11 - Repealed. - History: 1941 Comp., § 36-311, enacted by Laws 1951, ch....

Section 46-2-12 - Repealed. - History: 1941 Comp., § 36-315, enacted by Laws 1951, ch....

Section 46-2-13 - Repealed. - History: 1941 Comp., § 36-316, enacted by Laws 1951, ch....

Section 46-2-14 - Repealed. - History: 1941 Comp., § 36-317, enacted by Laws 1951, ch....

Section 46-2-15 - Repealed. - History: 1941 Comp., § 36-318, enacted by Laws 1951, ch....

Section 46-2-16 - Repealed. - History: 1941 Comp., § 36-319, enacted by Laws 1951, ch....

Section 46-2-17 - Repealed. - History: 1941 Comp., § 36-320, enacted by Laws 1951, ch....

Section 46-2-18 - Repealed. - History: 1941 Comp., § 36-321, enacted by Laws 1951, ch....

Section 46-2-19 - Repealed. - History: 1941 Comp., § 36-322, enacted by Laws 1951, ch....

Article 2A - Fiduciary Investments

Section 46-2A-1 - Fiduciary investments; certain securities. - A bank or trust company that is acting as a...

Article 3 - Principal and Income (Repealed.)

Section 46-3-1 - Repealed. - History: 1953 Comp., § 33-5-18, enacted by Laws 1969, ch....

Section 46-3-2 - Repealed. - History: 1953 Comp., § 33-5-19, enacted by Laws 1969, ch....

Section 46-3-3 - Repealed. - History: 1953 Comp., § 33-5-18, enacted by Laws 1969, ch....

Section 46-3-4 - Repealed. - History: 1953 Comp., § 33-5-21, enacted by Laws 1969, ch....

Section 46-3-5 - Repealed. - History: 1953 Comp., § 33-5-22, enacted by Laws 1969, ch....

Section 46-3-6 - Repealed. - History: 1953 Comp., § 33-5-23, enacted by Laws 1969, ch....

Section 46-3-7 - Repealed. - History: 1953 Comp., § 33-5-24, enacted by Laws 1969, ch....

Section 46-3-8 - Repealed. - History: 1953 Comp., § 33-5-18, enacted by Laws 1969, ch....

Section 46-3-9 - Repealed. - History: 1953 Comp., § 33-5-26, enacted by Laws 1969, ch....

Section 46-3-10 - Repealed. - History: 1953 Comp., § 33-5-27, enacted by Laws 1969, ch....

Section 46-3-11 - Repealed. - History: 1953 Comp., § 33-5-28, enacted by Laws 1969, ch....

Section 46-3-12 - Repealed. - History: 1953 Comp., § 33-5-29, enacted by Laws 1969, ch....

Section 46-3-13 - Repealed. - History: 1953 Comp., § 33-5-30, enacted by Laws 1969, ch....

Section 46-3-14 - Repealed. - History: 1953 Comp., § 33-5-18, enacted by Laws 1969, ch....

Section 46-3-15 - Repealed. - History: 1953 Comp., § 33-5-18, enacted by Laws 1969, ch....

Article 3A - Uniform Principal and Income

Article 1 - DEFINITIONS AND FIDUCIARY DUTIES

Section 46-3A-101 - Short title. - Chapter 46, Article 3A NMSA 1978 may be cited as...

Section 46-3A-102 - Definitions. - As used in the Uniform Principal and Income Act: A....

Section 46-3A-103 - Fiduciary duties; general principles. - (a) In allocating receipts and disbursements to or between principal...

Section 46-3A-104 - Trustee's power to adjust. - (a) A trustee may adjust between principal and income to...

Section 46-3A-105 - Conversion to total return trust. - A. Unless expressly prohibited by the governing instrument, a trustee...

Section 46-3A-106 - Administration of total return trust. - A. During the period that a trust is a total...

Section 46-3A-107 - Determination of matters in administration. - A. The trustee may determine any of the following matters...

Section 46-3A-108 - Distribution of total return trust. - A. Expenses, taxes and other charges that would otherwise be...

Section 46-3A-109 - Restrictions on distributions. - A. The distribution amount may not be less than the...

Section 46-3A-110 - Limitations on conversion. - If a trustee is also a beneficiary of the trust...

Section 46-3A-111 - Release. - A trustee may irrevocably release the power granted by the...

Section 46-3A-112 - Remedies. - A. A trustee who reasonably and in good faith takes...

Section 46-3A-113 - Applicability. - A. Sections 46-3A-105 through 46-3A-113 NMSA 1978 shall apply to...

Article 2 - DECEDENT'S ESTATE OR

Section 46-3A-201 - Determination and distribution of net income. - After a decedent dies, in the case of an estate...

Section 46-3A-202 - Distribution to residuary and remainder beneficiaries. - (a) Each beneficiary described in Section 201(4) [46-3A-201 NMSA 1978]...

Article 3 - APPORTIONMENT AT BEGINNING

Section 46-3A-301 - When right to income begins and ends. - (a) An income beneficiary is entitled to net income from...

Section 46-3A-302 - Apportionment of receipts and disbursements when decedent dies or income interest begins. - (a) A trustee shall allocate an income receipt or disbursement...

Section 46-3A-303 - Apportionment when income interest ends. - (a) In this section, "undistributed income" means net income received...

Article 4 - ALLOCATION OF RECEIPTS

Part 1 - RECEIPTS FROM ENTITIES

Section 46-3A-401 - Character of receipts. - (a) As used in this section, "entity" means a corporation,...

Section 46-3A-402 - Distribution from trust or estate. - A trustee shall allocate to income an amount received as...

Section 46-3A-403 - Business and other activities conducted by trustee. - (a) If a trustee who conducts a business or other...

Part 2 - RECEIPTS NOT NORMALLY APPORTIONED

Section 46-3A-404 - Principal receipts. - A trustee shall allocate to principal: (1) to the extent...

Section 46-3A-405 - Rental property. - To the extent that a trustee accounts for receipts from...

Section 46-3A-406 - Obligation to pay money. - (a) An amount received as interest, whether determined at a...

Section 46-3A-407 - Insurance policies and similar contracts. - (a) Except as otherwise provided in Subsection (b), a trustee...

Part 3 - RECEIPTS NORMALLY APPORTIONED

Section 46-3A-408 - Insubstantial allocations not required. - If a trustee determines that an allocation between principal and...

Section 46-3A-409 - Deferred compensation, annuities and similar payments. - A. As used in this section: (1) "payment" means a...

Section 46-3A-410 - Liquidating asset. - (a) As used in this section, "liquidating asset" means an...

Section 46-3A-411 - Minerals, water and other natural resources. - (a) To the extent that a trustee accounts for receipts...

Section 46-3A-412 - Timber. - (a) To the extent that a trustee accounts for receipts...

Section 46-3A-413 - Property not productive of income. - (a) If a marital deduction is allowed for all or...

Section 46-3A-414 - Derivatives and options. - (a) As used in this section, "derivative" means a contract...

Section 46-3A-415 - Asset-backed securities. - (a) As used in this section, "asset-backed security" means an...

Article 5 - ALLOCATION OF DISBURSEMENTS

Section 46-3A-501 - Disbursements from income. - A trustee shall make the following disbursements from income to...

Section 46-3A-502 - Disbursements from principal. - (a) A trustee shall make the following disbursements from principal:...

Section 46-3A-503 - Transfers from income to principal for depreciation. - (a) As used in this section, "depreciation" means a reduction...

Section 46-3A-504 - Transfers from income to reimburse principal. - (a) If a trustee makes or expects to make a...

Section 46-3A-505 - Income taxes. - A. A tax required to be paid by a trustee...

Section 46-3A-506 - Adjustments between principal and income because of taxes. - (a) A fiduciary may make adjustments between principal and income...

Article 6 - MISCELLANEOUS PROVISIONS

Section 46-3A-601 - Uniformity of application and construction. - In applying and construing the Uniform Principal and Income Act,...

Section 46-3A-602 - Severability clause. - If any provision of the Uniform Principal and Income Act...

Section 46-3A-603 - Application of the Uniform Principal and Income Act to existing trusts and estates. - The Uniform Principal and Income Act applies to every trust...

Article 4 - State Beneficiary Trusts

Section 46-4-1 - Trusts for state or political subdivision authorized. - Express trusts of real or personal property may be created...

Section 46-4-2 - Acceptance by beneficiary. - The governor in behalf of the state, or any agency...

Section 46-4-3 - Instruments to be recorded. - The instruments creating such express trusts shall be executed in...

Section 46-4-4 - Trustees; appointment, succession, powers, duties, term and compensation; status of trustees; liability for acts. - The instrument or will creating such trusts may provide for...

Section 46-4-5 - Trust purposes. - The trusts created for the benefit of the state, its...

Section 46-4-6 - Funds to carry out trust. - No funds of the beneficiary except those derived from the...

Section 46-4-7 - Lease of property. - The officers or any other governmental agencies or authorities having...

Section 46-4-8 - Contractual character; duration of trust. - Upon the acceptance of the beneficial interest by the beneficiary...

Section 46-4-9 - Termination of trust. - Any such trust may be terminated by agreement of the...

Article 5 - Testamentary Additions to Trusts (Repealed.)

Section 46-5-1 - Repealed. - History: 1953 Comp., § 33-7-1, enacted by Laws 1965, ch....

Section 46-5-2 - Repealed. - History: 1953 Comp., § 33-7-2, enacted by Laws 1965, ch....

Section 46-5-3 - Repealed. - History: 1953 Comp., § 33-7-3, enacted by Laws 1965, ch....

Article 6 - Surety Bonds

Section 46-6-1 - [Corporations which may execute surety bonds; no other surety required; approval of bonds.] - That whenever any recognizance, stipulation, bond or undertaking is required...

Section 46-6-2 - Costs of bond; allowance to fiduciaries; costs in court action. - Any fiduciary not subject to the provisions of the Probate...

Section 46-6-3 - Release of surety; notice. - When any surety upon the official bond of any fiduciary...

Section 46-6-4 - [Surety companies; failure to pay judgment; forfeiture of right to do business.] - That if any company authorized to do business in this...

Section 46-6-5 - [Suits against surety companies; estoppel to deny authority.] - That any company who shall execute or guarantee any recognizance,...

Section 46-6-6 - [Release from obligation on bond required by statute in civil action; petition; notice; hearing; order.] - Whenever any surety upon any attachment, replevin or other bond...

Section 46-6-7 - [Suit on attachment or replevin bond; no assignment necessary.] - Any person interested in any bond by virtue of the...

Section 46-6-8 - [Agreement with surety over deposits of principal.] - It shall be lawful for any party of whom a...

Section 46-6-9 - [Arrest bond certificates; surety company undertakings authorized.] - A. Any domestic or foreign surety company which has qualified...

Article 7 - Transfers to Minors

Section 46-7-1 to 46-7-10 - Repealed. - Repeals. — Laws 1989, ch. 357, § 26 repealed 46-7-1...

Section 46-7-11 - Short title. - Sections 1 through 24 [46-7-11 to 46-7-34 NMSA 1978] of...

Section 46-7-12 - Definitions. - [As used in the Uniform Transfers to Minors Act [46-7-11...

Section 46-7-13 - Scope and jurisdiction. - A. The Uniform Transfers to Minors Act applies to a...

Section 46-7-14 - Nomination of custodian. - A. A person having the right to designate the recipient...

Section 46-7-15 - Transfer by gift or exercise of power of appointment. - A person may make a transfer by irrevocable gift to,...

Section 46-7-16 - Transfer authorized by will or trust. - A. A personal representative or trustee may make an irrevocable...

Section 46-7-17 - Other transfer by fiduciary. - A. Subject to Subsection C of this section, a personal...

Section 46-7-18 - Transfer by obligor. - A. Subject to Subsections B and C of this section,...

Section 46-7-19 - Receipt for custodial property. - A written acknowledgment of delivery by a custodian constitutes a...

Section 46-7-20 - Manner of creating custodial property and effecting transfer; designation of initial custodian; control. - A. Custodial property is created and a transfer is made...

Section 46-7-21 - Single custodianship. - A transfer may be made only for one minor and...

Section 46-7-22 - Validity and effect of transfer. - A. The validity of a transfer made in a manner...

Section 46-7-23 - Care of custodial property. - A. A custodian shall: (1) take control of custodial property;...

Section 46-7-24 - Powers of custodian. - A. A custodian, acting in a custodial capacity, has all...

Section 46-7-25 - Use of custodial property. - A. A custodian may deliver or pay to the minor...

Section 46-7-26 - Custodian's expenses, compensation and bond. - A. A custodian is entitled to reimbursement from custodial property...

Section 46-7-27 - Exemption of third person from liability. - A third person in good faith and without court order...

Section 46-7-28 - Liability to third persons. - A. A claim based on: (1) a contract entered into...

Section 46-7-29 - Renunciation, resignation, death or removal of custodian; designation of successor custodian. - A. A person nominated under Section 4 [46-7-14 NMSA 1978]...

Section 46-7-30 - Accounting by and determination of liability of custodian. - A. A minor who has attained the age of fourteen...

Section 46-7-31 - Termination of custodianship. - The custodian shall transfer in an appropriate manner the custodial...

Section 46-7-32 - Applicability. - The Uniform Transfers to Minors Act applies to a transfer...

Section 46-7-33 - Effect on existing custodianships. - A. Any transfer of custodial property as now defined in...

Section 46-7-34 - Uniformity of application and construction. - The Uniform Transfers to Minors Act shall be applied and...

Article 8 - Simplification of Fiduciary Security Transfers

Section 46-8-1 - Short (long) title. - Sections 1 through 10 [46-8-1 to 46-8-10 NMSA 1978] of...

Section 46-8-2 - Definitions. - In the Uniform Act for Simplification of Fiduciary Security Transfers,...

Section 46-8-3 - Registration in the name of a fiduciary. - A corporation or transfer agent registering a security in the...

Section 46-8-4 - Assignment by a fiduciary. - Except as otherwise provided in the Uniform Act for Simplification...

Section 46-8-5 - Evidence of appointment or incumbency. - A corporation or transfer agent making a transfer pursuant to...

Section 46-8-6 - Adverse claims. - A. A person asserting a claim of beneficial interest adverse...

Section 46-8-7 - Non-liability of corporation and transfer agent. - A corporation or transfer agent incurs no liability to any...

Section 46-8-8 - Non-liability of third persons. - A. No person who participates in the acquisition, disposition, assignment...

Section 46-8-9 - Territorial application. - A. The rights and duties of a corporation and its...

Section 46-8-10 - Tax obligations. - The Uniform Act for the Simplification of Fiduciary Transfers does...

Article 9 - Uniform Management of Institutional Funds Act (Repealed.)

Section 46-9-1 - Repealed. - History: Laws 1997, ch. 199, § 1; repealed by Laws...

Section 46-9-2 - Repealed. - History: Laws 1997, ch. 199, § 2; repealed by Laws...

Section 46-9-3 - Repealed. - History: Laws 1997, ch. 199, § 3; repealed by Laws...

Section 46-9-4 - Repealed. - History: Laws 1997, ch. 199, § 4; repealed by Laws...

Section 46-9-5 - Repealed. - History: Laws 1997, ch. 199, § 5; repealed by Laws...

Section 46-9-6 - Repealed. - History: Laws 1997, ch. 199, § 6; repealed by Laws...

Section 46-9-7 - Repealed. - History: Laws 1997, ch. 199, § 7; repealed by Laws...

Section 46-9-8 - Repealed. - History: Laws 1997, ch. 199, § 8; repealed by Laws...

Section 46-9-9 - Repealed. - History: Laws 1997, ch. 199, § 9; repealed by Laws...

Section 46-9-10 - Repealed. - History: Laws 1997, ch. 199, § 10; repealed by Laws...

Section 46-9-11 - Repealed. - History: Laws 1997, ch. 199, § 11; repealed by Laws...

Section 46-9-12 - Repealed. - History: Laws 1997, ch. 199, § 12; repealed by Laws...

Article 9A - Uniform Prudent Management of Institutional Funds

Section 46-9A-1 - Short title. - This act [46-9A-1 to 46-9A-10 NMSA 1978] may be cited...

Section 46-9A-2 - Definitions. - As used in the Uniform Prudent Management of Institutional Funds...

Section 46-9A-3 - Standard of conduct in managing and investing an institutional fund. - A. Subject to the intent of a donor expressed in...

Section 46-9A-4 - Appropriation for expenditure or accumulation of an endowment fund; rules of construction. - A. Subject to the intent of a donor expressed in...

Section 46-9A-5 - Delegation of management and investment functions. - A. Subject to any specific limitation set forth in a...

Section 46-9A-6 - Release or modification of restrictions on management, investment or purpose. - A. If the donor consents in a record, an institution...

Section 46-9A-7 - Reviewing compliance. - Compliance with the Uniform Prudent Management of Institutional Funds Act...

Section 46-9A-8 - Application to existing institutional funds. - The Uniform Prudent Management of Institutional Funds Act applies to...

Section 46-9A-9 - Relation to Electronic Signatures in Global and National Commerce Act. - The Uniform Prudent Management of Institutional Funds Act modifies, limits...

Section 46-9A-10 - Uniformity of application and construction. - In applying and construing the Uniform Prudent Management of Institutional...

Article 10 - Uniform Disclaimer of Property Interests Act (Repealed, Recompiled.)

Section 46-10-1 - Recompiled. - History: Laws 2001, ch. 290, § 1; recompiled by Laws...

Section 46-10-2 - Recompiled. - History: Laws 2001, ch. 290, § 2; recompiled by Laws...

Section 46-10-3 - Recompiled. - History: Laws 2001, ch. 290, § 3; recompiled by Laws...

Section 46-10-4 - Recompiled. - History: Laws 2001, ch. 290, § 4; recompiled by Laws...

Section 46-10-5 - Recompiled. - History: Laws 2001, ch. 290, § 5; recompiled by Laws...

Section 46-10-6 - Recompiled. - History: Laws 2001, ch. 290, § 6; recompiled by Laws...

Section 46-10-7 - Recompiled. - History: Laws 2001, ch. 290, § 7; recompiled by Laws...

Section 46-10-8 - Recompiled. - History: Laws 2001, ch. 290, § 8; recompiled by Laws...

Section 46-10-9 - Recompiled. - History: Laws 2001, ch. 290, § 9; recompiled by Laws...

Section 46-10-10 - Recompiled. - History: Laws 2001, ch. 290, § 10; recompiled by Laws...

Section 46-10-11 - Recompiled. - History: Laws 2001, ch. 290, § 11; recompiled by Laws...

Section 46-10-12 - Recompiled. - History: Laws 2001, ch. 290, § 12; recompiled by Laws...

Section 46-10-13 - Recompiled. - History: Laws 2001, ch. 290, § 13; recompiled by Laws...

Section 46-10-14 - Recompiled. - History: Laws 2001, ch. 290, § 14; recompiled by Laws...

Section 46-10-15 - Recompiled. - History: Laws 2001, ch. 290, § 15; recompiled by Laws...

Section 46-10-16 - Recompiled. - History: Laws 2001, ch. 290, § 16; recompiled by Laws...

Section 46-10-17 - Repealed. - History: Laws 2001, ch. 290, § 17; repealed by Laws...

Article 11 - Uniform Powers of Appointment

Article 1 - GENERAL PROVISIONS

Section 46-11-101 - Short title. - Sections 101 through 603 [46-11-101 to 46-11-603] of this act...

Section 46-11-102 - Definitions. - As used in the Uniform Powers of Appointment Act: A....

Section 46-11-103 - Governing law. - Unless the terms of the instrument creating a power of...

Section 46-11-104 - Common law and principles of equity. - The common law and principles of equity supplement the Uniform...

Article 2 - CREATION, REVOCATION AND AMENDMENT OF POWER OF APPOINTMENT

Section 46-11-201 - Creation of power of appointment. - A. A power of appointment is created only if: (1)...

Section 46-11-202 - Nontransferability. - A powerholder shall not transfer a power of appointment. If...

Section 46-11-203 - Presumption of unlimited authority. - Subject to Section 205 [46-11-205 NMSA 1978] of the Uniform...

Section 46-11-204 - Exception to presumption of unlimited authority. - Unless the terms of the instrument creating a power of...

Section 46-11-205 - Rules of classification. - A. As used in this section, "adverse party" means a...

Section 46-11-206 - Power to revoke or amend. - A donor may revoke or amend a power of appointment...

Article 3 - EXERCISE OF POWER OF APPOINTMENT

Section 46-11-301 - Requisites for exercise of power of appointment. - A power of appointment is exercised only: A. if the...

Section 46-11-302 - Intent to exercise; determining intent from residuary clause. - A. As used in this section: (1) "residuary clause" does...

Section 46-11-303 - Intent to exercise; after-acquired power. - Unless the terms of the instrument exercising a power of...

Section 46-11-304 - Substantial compliance with donor-imposed formal requirement. - A powerholder's substantial compliance with a formal requirement of appointment...

Section 46-11-305 - Permissible appointment. - A. A powerholder of a general power of appointment that...

Section 46-11-306 - Appointment to deceased appointee or permissible appointee's descendant. - A. Subject to Sections 45-2-603 and 45-2-707 NMSA 1978, an...

Section 46-11-307 - Impermissible appointment. - A. Except as otherwise provided in Section 306 [46-11-306 NMSA...

Section 46-11-308 - Selective allocation doctrine. - If a powerholder exercises a power of appointment in a...

Section 46-11-309 - Capture doctrine; disposition of ineffectively appointed property under general power. - To the extent a powerholder of a general power of...

Section 46-11-310 - Disposition of unappointed property under released or unexercised general power. - To the extent a powerholder releases or fails to exercise...

Section 46-11-311 - Disposition of unappointed property under released or unexercised nongeneral power. - To the extent a powerholder releases, ineffectively exercises or fails...

Section 46-11-312 - Disposition of unappointed property if partial appointment to taker in default. - Unless the terms of the instrument creating or exercising a...

Section 46-11-313 - Appointment to taker in default. - If a powerholder makes an appointment to a taker in...

Section 46-11-314 - Powerholder's authority to revoke or amend exercise. - A powerholder may revoke or amend an exercise of a...

Article 4 - DISCLAIMER OR RELEASE; CONTRACT TO APPOINT OR NOT TO APPOINT

Section 46-11-401 - Disclaimer. - As provided by the Uniform Disclaimer of Property Interests Act...

Section 46-11-402 - Authority to release. - A powerholder may release a power of appointment, in whole...

Section 46-11-403 - Method of release. - A powerholder of a releasable power of appointment may release...

Section 46-11-404 - Revocation or amendment of release. - A powerholder may revoke or amend a release of a...

Section 46-11-405 - Power to contract; presently exercisable power of appointment. - A powerholder of a presently exercisable power of appointment may...

Section 46-11-406 - Power to contract; power of appointment not presently exercisable. - A powerholder of a power of appointment that is not...

Section 46-11-407 - Remedy for breach of contract to appoint or not to appoint. - The remedy for a powerholder's breach of a contract to...

Article 5 - RIGHTS OF POWERHOLDER'S CREDITORS IN APPOINTIVE PROPERTY

Section 46-11-501 - Creditor claim; general power created by powerholder. - A. As used in this section, "power of appointment created...

Section 46-11-502 - Creditor claim; general power not created by powerholder. - A. Except as otherwise provided in Subsection B of this...

Section 46-11-503 - Power to withdraw. - A. For purposes of this article and except as otherwise...

Section 46-11-504 - Creditor claim; nongeneral power. - A. Except as otherwise provided in Subsections B and C...

Article 6 - MISCELLANEOUS PROVISIONS

Section 46-11-601 - Uniformity of application and construction. - In applying and construing the Uniform Powers of Appointment Act,...

Section 46-11-602 - Relation to Electronic Signatures in Global and National Commerce Act. - The Uniform Powers of Appointment Act modifies, limits or supersedes...

Section 46-11-603 - Application to existing relationships. - A. Except as otherwise provided in the Uniform Powers of...

Article 12 - Uniform Trust Decanting

Section 46-12-101 - Short title. - Sections 1-101 through 1-129 [46-12-101 to 46-12-129 NMSA 1978] of...

Section 46-12-102 - Definitions. - As used in the Uniform Trust Decanting Act: A. "appointive...

Section 46-12-103 - Scope. - A. Except as otherwise provided in Subsections B and C...

Section 46-12-104 - Fiduciary duty. - A. In exercising the decanting power, an authorized fiduciary shall...

Section 46-12-105 - Application; governing law. - A. The Uniform Trust Decanting Act applies to a trust...

Section 46-12-106 - Reasonable reliance. - A trustee or other person that reasonably relies on the...

Section 46-12-107 - Notice; exercise of decanting power. - A. In this section, a notice period begins on the...

Section 46-12-108 - Representation. - A. Notice to a person with authority to represent and...

Section 46-12-109 - Court involvement. - A. On application of an authorized fiduciary, a person entitled...

Section 46-12-110 - Formalities. - An exercise of the decanting power shall be made in...

Section 46-12-111 - Decanting power under expanded distributive discretion. - A. As used in this section: (1) "noncontingent right" means...

Section 46-12-112 - Decanting power under limited distributive discretion. - A. As used in this section, "limited distributive discretion" means...

Section 46-12-113 - Trust for beneficiary with disability. - A. As used in this section: (1) "beneficiary with a...

Section 46-12-114 - Protection of charitable interest. - A. As used in this section: (1) "determinable charitable interest"...

Section 46-12-115 - Trust limitation on decanting. - A. An authorized fiduciary shall not exercise the decanting power...

Section 46-12-116 - Change in compensation. - A. If a first-trust instrument specifies an authorized fiduciary's compensation,...

Section 46-12-117 - Relief from liability and indemnification. - A. Except as otherwise provided in this section, a second-trust...

Section 46-12-118 - Removal or replacement of authorized fiduciary. - An authorized fiduciary shall not exercise the decanting power to...

Section 46-12-119 - Tax-related limitations. - A. As used in this section: (1) "grantor trust" means...

Section 46-12-120 - Duration of second trust. - A. Subject to Subsection B of this section, a second...

Section 46-12-121 - Need to distribute not required. - An authorized fiduciary may exercise the decanting power regardless of...

Section 46-12-122 - Saving provision. - A. If exercise of the decanting power would be effective...

Section 46-12-123 - Trust for care of animal. - A. As used in this section: (1) "animal trust" means...

Section 46-12-124 - Terms of second trust. - A reference in the Uniform Trust Code [Chapter 46A NMSA...

Section 46-12-125 - Settlor. - A. For purposes of New Mexico law other than the...

Section 46-12-126 - Later-discovered property. - A. Except as otherwise provided in Subsection C of this...

Section 46-12-127 - Obligations. - A debt, liability or other obligation enforceable against property of...

Section 46-12-128 - Uniformity of application and construction. - In applying and construing the Uniform Trust Decanting Act, consideration...

Section 46-12-129 - Relation to Electronic Signatures in Global and National Commerce Act. - The Uniform Trust Decanting Act modifies, limits or supersedes the...

Article 13 - Revised Uniform Fiduciary Access to Digital Assets

Section 46-13-1 - Short title. - Sections 1 through 18 of this act [46-13-1 to 46-13-18...

Section 46-13-2 - Definitions. - As used in the Revised Uniform Fiduciary Access to Digital...

Section 46-13-3 - Applicability. - A. The Revised Uniform Fiduciary Access to Digital Assets Act...

Section 46-13-4 - User direction for disclosure of digital assets. - A. A user may use an online tool to direct...

Section 46-13-5 - Terms-of-service agreement. - A. The Revised Uniform Fiduciary Access to Digital Assets Act...

Section 46-13-6 - Procedure for disclosing digital assets. - A. When disclosing digital assets of a user under the...

Section 46-13-7 - Disclosure of content of electronic communications of deceased user. - If a deceased user consented to, or a court directs,...

Section 46-13-8 - Disclosure of other digital assets of a deceased user. - Unless the user prohibited disclosure of digital assets or the...

Section 46-13-9 - Disclosure of content of electronic communications of principal. - To the extent a power of attorney expressly grants an...

Section 46-13-10 - Disclosure of other digital assets of principal. - Unless otherwise ordered by the court, directed by the principal...

Section 46-13-11 - Disclosure of digital assets held in trust when trustee is an original user. - Unless otherwise ordered by the court or provided in a...

Section 46-13-12 - Disclosure of contents of electronic communications held in trust when trustee is not an original user. - Unless otherwise ordered by the court, directed by the user...

Section 46-13-13 - Disclosure of other digital assets held in trust when trustee is not an original user. - Unless otherwise ordered by the court, directed by the user...

Section 46-13-14 - Disclosure of digital assets to conservator of a protected person. - A. After an opportunity for a hearing under Chapter 45,...

Section 46-13-15 - Fiduciary duty and authority. - A. The legal duties imposed on a fiduciary charged with...

Section 46-13-16 - Custodian compliance and immunity. - A. Not later than sixty days after receipt of the...

Section 46-13-17 - Uniformity of application and construction. - In applying and construing the Revised Uniform Fiduciary Access to...

Section 46-13-18 - Relation to Electronic Signatures in Global and National Commerce Act. - The Revised Uniform Fiduciary Access to Digital Assets Act modifies,...

Article 14 - Uniform Directed Trust

Section 46-14-1 - Short title. - Sections 1 through 18 [46-14-1 to 46-14-18 NMSA 1978] of...

Section 46-14-2 - Definitions. - As used in the Uniform Directed Trust Act: A. "breach...

Section 46-14-3 - Application; principal place of administration. - A. The Uniform Directed Trust Act applies to a trust,...

Section 46-14-4 - Common law and principles of equity. - The common law and principles of equity supplement the Uniform...

Section 46-14-5 - Exclusions. - A. As used in this section, "power of appointment" means...

Section 46-14-6 - Powers of trust director. - A. Subject to Section 7 [46-14-7 NMSA 1978] of the...

Section 46-14-7 - Limitations on trust director. - A trust director is subject to the same rules as...

Section 46-14-8 - Duty and liability of trust director. - A. Subject to Subsection B of this section, with respect...

Section 46-14-9 - Duty and liability of directed trustee. - A. Subject to Subsection B of this section, a directed...

Section 46-14-10 - Duty to provide information to trust director or trustee. - A. Subject to Section 11 [46-14-11 NMSA 1978] of the...

Section 46-14-11 - No duty to monitor, inform or advise. - A. Unless the terms of a trust provide otherwise: (1)...

Section 46-14-12 - Application to cotrustee [co-trustee]. - The terms of a trust may relieve a cotrustee [co-trustee]...

Section 46-14-13 - Limitation of action against trust director. - A. An action against a trust director for breach of...

Section 46-14-14 - Defenses in action against trust director. - In an action against a trust director for breach of...

Section 46-14-15 - Jurisdiction over trust director. - A. By accepting appointment as a trust director of a...

Section 46-14-16 - Office of trust director. - Unless the terms of a trust provide otherwise, the rules...

Section 46-14-17 - Uniformity of application and construction. - In applying and construing the Uniform Directed Trust Act, consideration...

Section 46-14-18 - Relation to Electronic Signatures in Global and National Commerce Act. - The Uniform Directed Trust Act modifies, limits or supersedes the...

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New Mexico Statutes Chapter 46 - Fiduciaries and Trusts

New Mexico Statutes
Chapter 46 - Fiduciaries and Trusts