A. A fiduciary may defer a distribution of property until the fiduciary is satisfied that adequate provision for payment of the estate tax has been made.
B. A fiduciary may withhold from a distributee an amount equal to the amount of estate tax apportioned to an interest of the distributee.
C. As a condition to a distribution, a fiduciary may require the distributee to provide a bond or other security for the portion of the estate tax apportioned to the distributee.
History: Laws 2005, ch. 143, § 12; 1978 Comp., § 45-9A-8 recompiled as § 45-3-927 by Laws 2011, ch. 124, § 99.
Recompilations. — Laws 2011, ch. 124, § 99 recompiled former 45-9A-8 NMSA 1978 as 45-3-927 NMSA 1978, effective January 1, 2012.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION
Section 45-3-901 - Successors' rights if no administration.
Section 45-3-902 - Distribution; order in which assets appropriated; abatement.
Section 45-3-903 - Successor's indebtedness offset against interest; defenses.
Section 45-3-904 - Interest on general pecuniary devise.
Section 45-3-905 - Penalty clause for contest.
Section 45-3-906 - Distribution in kind; valuation; method.
Section 45-3-907 - Distribution in kind; evidence.
Section 45-3-908 - Distribution; right or title of distributee.
Section 45-3-909 - Improper distribution; liability of distributee.
Section 45-3-910 - Purchases from distributees protected.
Section 45-3-911 - Partition for purpose of distribution.
Section 45-3-913 - Distributions to trustee.
Section 45-3-914 - Disposition of unclaimed assets.
Section 45-3-915 - Distribution to person under disability.
Section 45-3-920 - Short title.
Section 45-3-921 - Definitions.
Section 45-3-922 - Apportionment by will or other dispositive instrument.
Section 45-3-923 - Statutory apportionment of estate taxes.
Section 45-3-924 - Credits and deferrals.
Section 45-3-925 - Insulated property; advancement of tax.
Section 45-3-926 - Apportionment and recapture of special elective benefits.
Section 45-3-927 - Securing payment of estate tax from property in possession of fiduciary.
Section 45-3-928 - Collection of estate tax by fiduciary.