A. A personal representative or trustee may make an irrevocable transfer pursuant to Section 10 [46-7-20 NMSA 1978] of the Uniform Transfers to Minors Act to a custodian for the benefit of a minor as authorized in the governing will or trust.
B. If the testator or settler has nominated a custodian under Section 4 [46-7-14 NMSA 1978] of the Uniform Transfers to Minors Act to receive the custodial property, the transfer shall be made to that person.
C. If the testator or settler has not nominated a custodian under Section 4 of that act, or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under Section 9 [46-7-19 NMSA 1978] of that act.
History: Laws 1989, ch. 357, ยง 6.
Structure New Mexico Statutes
Chapter 46 - Fiduciaries and Trusts
Article 7 - Transfers to Minors
Section 46-7-1 to 46-7-10 - Repealed.
Section 46-7-11 - Short title.
Section 46-7-12 - Definitions.
Section 46-7-13 - Scope and jurisdiction.
Section 46-7-14 - Nomination of custodian.
Section 46-7-15 - Transfer by gift or exercise of power of appointment.
Section 46-7-16 - Transfer authorized by will or trust.
Section 46-7-17 - Other transfer by fiduciary.
Section 46-7-18 - Transfer by obligor.
Section 46-7-19 - Receipt for custodial property.
Section 46-7-21 - Single custodianship.
Section 46-7-22 - Validity and effect of transfer.
Section 46-7-23 - Care of custodial property.
Section 46-7-24 - Powers of custodian.
Section 46-7-25 - Use of custodial property.
Section 46-7-26 - Custodian's expenses, compensation and bond.
Section 46-7-27 - Exemption of third person from liability.
Section 46-7-28 - Liability to third persons.
Section 46-7-30 - Accounting by and determination of liability of custodian.
Section 46-7-31 - Termination of custodianship.
Section 46-7-32 - Applicability.
Section 46-7-33 - Effect on existing custodianships.
Section 46-7-34 - Uniformity of application and construction.