A. Subject to Subsections B and C of this section, a person not subject to Section 6 or 7 [46-7-16 or 46-7-17 NMSA 1978] of the Uniform Transfers to Minors Act who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to Section 10 [46-7-20 NMSA 1978] of that act.
B. If a person having the right to do so under Section 4 [46-7-14 NMSA 1978] of that act, has nominated a custodian under that section to receive the custodial property, the transfer shall be made to that person;
C. If no custodian has been nominated 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, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds ten thousand dollars ($10,000) in value.
History: Laws 1989, ch. 357, ยง 8.
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Section 46-7-1 to 46-7-10 - Repealed.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.