§ 46-12-101 Short title
§ 46-12-102 Definitions
§ 46-12-103 Scope
§ 46-12-104 Fiduciary duty
§ 46-12-105 Application; governing law
§ 46-12-106 Reasonable reliance
§ 46-12-107 Notice; exercise of decanting power
§ 46-12-108 Representation
§ 46-12-109 Court involvement
§ 46-12-110 Formalities
§ 46-12-111 Decanting power under expanded distributive discretion
§ 46-12-112 Decanting power under limited distributive discretion
§ 46-12-113 Trust for beneficiary with disability
§ 46-12-114 Protection of charitable interest
§ 46-12-115 Trust limitation on decanting
§ 46-12-116 Change in compensation
§ 46-12-117 Relief from liability and indemnification
§ 46-12-118 Removal or replacement of authorized fiduciary
§ 46-12-119 Tax-related limitations
§ 46-12-120 Duration of second trust
§ 46-12-121 Need to distribute not required
§ 46-12-122 Saving provision
§ 46-12-123 Trust for care of animal
§ 46-12-124 Terms of second trust
§ 46-12-125 Settlor
§ 46-12-126 Later-discovered property
§ 46-12-127 Obligations
§ 46-12-128 Uniformity of application and construction
§ 46-12-129 Relation to Electronic Signatures in Global and National

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Terms Used In New Mexico Statutes > Chapter 46 > Article 12 - Uniform Trust Decanting

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Donor: The person who makes a gift.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Testator: A male person who leaves a will at death.
  • Trustee: A person or institution holding and administering property in trust.