A. A minor who has attained the age of fourteen years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor or a transferor's legal representative may petition the court:
(1) for an accounting by the custodian or the custodian's legal representative; or
(2) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under Section 8 [46-7-18 NMSA 1978] of the Uniform Transfers to Minors Act to which the minor or the minor's legal representative was a party.
B. A successor custodian may petition the court for an accounting by the predecessor custodian.
C. The court, in a proceeding under the Uniform Transfers to Minors Act or in any other proceeding may require or permit the custodian or the custodian's legal representative to account.
D. If a custodian is removed under Subsection F of Section 19 [46-7-29 NMSA 1978] of the Uniform Transfers to Minors Act, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
History: Laws 1989, ch. 357, ยง 20.
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Section 46-7-1 to 46-7-10 - Repealed.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.