reglab/housing_qa huggingface dataset:
NM Stat § 45-3-915 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-915 - Distribution to person under disability.

A. A personal representative may discharge an obligation to distribute to a minor or person under other disability by distributing in a manner expressly provided in the will or other governing instrument. B. Unless contrary to an express provision in the will or other governing instrument, the personal representative may discharge an obligation to distribute to a minor or person under other disability as authorized by Section 45-5-103 NMSA 1978 or any other statute. If the personal representative knows that a conservator has been appointed or that a proceeding for appointment of a conservator is pending, the personal representative is authorized to distribute only to the conservator. C. If the heir or devisee is under disability other than minority, the personal representative is authorized to distribute to: (1) an agent who has authority under a power of attorney to receive property for that person; or (2) the spouse, parent or other close relative with whom the person under disability resides if the distribution is of amounts not exceeding ten thousand dollars ($10,000) a year or property not exceeding fifty thousand dollars ($50,000) in value unless the court authorizes a larger amount or greater value. D. Persons receiving money or property for the disabled person are obligated to apply the money or property to the support of the disabled person. Persons may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the support of the disabled person. Excess sums must be preserved for future support of the disabled person. The personal representative is not responsible for the proper application of money or property distributed pursuant to this subsection. History: 1953 Comp., § 32A-3-915, enacted by Laws 1975, ch. 257, § 3-915; 1993, ch. 174, § 79; 2011, ch. 124, § 49. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-915 UPC. The 2011 amendment, effective January 1, 2012, in Subsections A and B, provided that distributions are governed by wills and other governing instruments; in Subsection B, changed the statutory reference to Section 45-5-103 NMSA 1978; and in Subsection C, increased the maximum amount of the distribution to fifty thousand dollars. The 1993 amendment, effective July 1, 1993, designated the formerly undesignated provision as Subsection A; substituted "in a manner expressly provided in the will" for "to his conservator or any other person authorized by the Uniform Probate Code or otherwise to give a valid receipt and discharge for the distribution" in Subsection A; and added Subsections B and C. Law reviews. — For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975). Am. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators § 497.
NM Stat § 45-3-916 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-916 - Repealed.

History: 1953 Comp., § 32A-3-916, enacted by Laws 1975, ch. 257, § 3-916; 1993, ch. 174, § 80; 1978 Comp., § 45-3-916, repealed Laws 2005, ch. 143, § 18.ANNOTATIONSRepeals. — Laws 2005, ch. 143, § 18 repealed 45-3-916, relating to apportionment of estate taxes, effective July 1, 2005. For provisions of former section, see the 2004 NMSA 1978 on NMOneSource.com. For the comparable provisions governing apportionment of estate taxes, see the Uniform Estate Tax Apportionment Act, 45-3-920 through 45-3-930 NMSA 1978..
NM Stat § 45-3-920 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-920 - Short title.

Sections 5 through 17 [15] [45-3-920 to 45-3-930 NMSA 1978] of this act may be cited as the "Uniform Estate Tax Apportionment Act". History: Laws 2005, ch. 143, § 5; 1978 Comp., § 45-9A-1 recompiled as § 45-3-920 by Laws 2011, ch. 124, § 99. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2005, ch. 143, § 16, relating to uniformity of application and construction of the Uniform Estate Tax Apportionment Act, was repealed by Laws 2011, ch. 124, § 97, effective January 1, 2012. Laws 2005, ch. 143, § 17, relating to severability, was repealed by Laws 2011, ch. 124, § 97, effective January 1, 2012. Recompilations. — Laws 2011, ch. 124, § 99 recompiled former 45-9A-1 NMSA 1978 as 45-3-920 NMSA 1978, effective January 1, 2012. Law reviews. — For annual survey of New Mexico law of estates and trusts, see 19 N.M.L. Rev. 669 (1990). Am. Jur. 2d, A.L.R. and C.J.S. references. — 42 Am. Jur. 2d Inheritance, Estate, and Gift Taxes § 341 et seq. What law governs apportionment of estate taxes among persons interested in estate, 16 A.L.R.2d 1282. Construction and effect of provisions of will relied upon as affecting the burden of taxation, 37 A.L.R.2d 7, 70 A.L.R.3d 630. Statutes apportioning or prorating estate taxes, 37 A.L.R.2d 199. Liability of executor or administrator to estate because of overpaying or unnecessarily paying tax, 55 A.L.R.3d 785. 26A C.J.S. Descent and Distribution § 72; 85 C.J.S. Taxation §§ 1167, 1168; 96 C.J.S. Wills §§ 1109, 1171.
NM Stat § 45-3-921 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-921 - Definitions.

As used in the Uniform Estate Tax Apportionment Act [45-3-920 to 45-3-930 NMSA 1978]: A. "apportionable estate" means the value of the gross estate as finally determined for purposes of the estate tax to be apportioned reduced by: (1) any claim or expense allowable as a deduction for purposes of the tax; (2) the value of any interest in property that, for purposes of the tax, qualifies for a marital or charitable deduction or otherwise is deductible or is exempt; and (3) any amount added to the decedent's gross estate because of a gift tax on transfers made before death; B. "estate tax" means a federal, state or foreign tax imposed because of the death of an individual and interest and penalties associated with the tax. The term does not include an inheritance tax, income tax or generation-skipping transfer tax other than a generation-skipping transfer tax incurred on a direct skip taking effect at death; C. "gross estate" means, with respect to an estate tax, all interests in property subject to the tax; D. "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency or instrumentality, or any other legal or commercial entity; E. "ratable" means apportioned or allocated pro rata according to the relative values of interests to which the term is to be applied. "Ratably" has a corresponding meaning; F. "time-limited interest" means an interest in property which terminates on a lapse of time or on the occurrence or nonoccurrence of an event or which is subject to the exercise of discretion that could transfer a beneficial interest to another person. The term does not include a cotenancy unless the cotenancy itself is a time-limited interest; and G. "value" means, with respect to an interest in property, fair market value as finally determined for purposes of the estate tax that is to be apportioned, reduced by any outstanding debt secured by the interest without reduction for taxes paid or required to be paid or for any special valuation adjustment. History: Laws 2005, ch. 143, § 6; 1978 Comp., § 45-9A-2 recompiled as § 45-3-921 by Laws 2011, ch. 124, § 99. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 99 recompiled former 45-9A-2 NMSA 1978 as 45-3-921 NMSA 1978, effective January 1, 2012.
NM Stat § 45-3-923 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-923 - Statutory apportionment of estate taxes.

To the extent that apportionment of an estate tax is not controlled by an instrument described in Section 7 [45-3-922 NMSA 1978] of this act and except as otherwise provided in Sections 10 and 11 of this act [45-3-925, 45-3-926 NMSA 1978], the following rules apply: A. subject to Subsections B, C and D of this section, the estate tax is apportioned ratably to each person that has an interest in the apportionable estate; B. a generation-skipping transfer tax incurred on a direct skip taking effect at death is charged to the person to which the interest in property is transferred; C. if property is included in the decedent's gross estate because of Section 2044 of the federal Internal Revenue Code of 1986 or any similar estate tax provision, the difference between the total estate tax for which the decedent's estate is liable and the amount of estate tax for which the decedent's estate would have been liable if the property had not been included in the decedent's gross estate is apportioned ratably among the holders of interests in the property. The balance of the tax, if any, is apportioned ratably to each other person having an interest in the apportionable estate; and D. except as otherwise provided in Paragraph (4) of Subsection B of Section 7 of this act [45-3-922 NMSA 1978] and except as to property to which Section 11 [45-3-926 NMSA 1978] of this act applies, an estate tax apportioned to persons holding interests in property subject to a time-limited interest must be apportioned, without further apportionment, to the principal of that property. History: Laws 2005, ch. 143, § 8; 1978 Comp., § 45-9A-4 recompiled as § 45-3-923 by Laws 2011, ch. 124, § 99. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 99 recompiled former 45-9A-4 NMSA 1978 as 45-3-923 NMSA 1978, effective January 1, 2012.
NM Stat § 45-3-924 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-924 - Credits and deferrals.

Except as otherwise provided in Sections 10 and 11 of this act [45-3-925, 45-3-926 NMSA 1978], the following rules apply to credits and deferrals of estate taxes: A. a credit resulting from the payment of gift taxes or from estate taxes paid on property previously taxed inures ratably to the benefit of all persons to which the estate tax is apportioned; B. a credit for state or foreign estate taxes inures ratably to the benefit of all persons to which the estate tax is apportioned, except that the amount of a credit for a state or foreign tax paid by a beneficiary of the property on which the state or foreign tax was imposed, directly or by a charge against the property, inures to the benefit of the beneficiary; and C. if payment of a portion of an estate tax is deferred because of the inclusion in the gross estate of a particular interest in property, the benefit of the deferral inures ratably to the persons to which the estate tax attributable to the interest is apportioned. The burden of any interest charges incurred on a deferral of taxes and the benefit of any tax deduction associated with the accrual or payment of the interest charge is allocated ratably among the persons receiving an interest in the property. History: Laws 2005, ch. 143, § 9; 1978 Comp., § 45-9A-5 recompiled as § 45-3-924 by Laws 2011, ch. 124, § 99. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 99 recompiled former 45-9A-5 NMSA 1978 as 45-3-924 NMSA 1978, effective January 1, 2012.
NM Stat § 45-3-926 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-926 - Apportionment and recapture of special elective benefits.

A. In this section: (1) "special elective benefit" means a reduction in an estate tax obtained by an election for: (a) a reduced valuation of specified property that is included in the gross estate; (b) a deduction from the gross estate, other than a marital or charitable deduction, allowed for specified property; or (c) an exclusion from the gross estate of specified property; and (2) "specified property" means property for which an election has been made for a special elective benefit. B. If an election is made for one or more special elective benefits, an initial apportionment of a hypothetical estate tax must be computed as if no election for any of those benefits had been made. The aggregate reduction in estate tax resulting from all elections made must be allocated among holders of interests in the specified property in the proportion that the amount of deduction, reduced valuation or exclusion attributable to each holder's interest bears to the aggregate amount of deductions, reduced valuations and exclusions obtained by the decedent's estate from the elections. If the estate tax initially apportioned to the holder of an interest in specified property is reduced to zero, any excess amount of reduction reduces ratably the estate tax apportioned to other persons that receive interests in the apportionable estate. C. An additional estate tax imposed to recapture all or part of a special elective benefit must be charged to the persons that are liable for the additional tax under the law providing for the recapture. History: Laws 2005, ch. 143, § 11; 1978 Comp., § 45-9A-7 recompiled as § 45-3-926 by Laws 2011, ch. 124, § 99. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 99 recompiled former 45-9A-7 NMSA 1978 as 45-3-926 NMSA 1978, effective January 1, 2012.
NM Stat § 45-3-927 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-927 - Securing payment of estate tax from property in possession of fiduciary.

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. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 99 recompiled former 45-9A-8 NMSA 1978 as 45-3-927 NMSA 1978, effective January 1, 2012.
NM Stat § 45-3-928 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-928 - Collection of estate tax by fiduciary.

A. A fiduciary responsible for payment of an estate tax may collect from any person the tax apportioned to and the tax required to be advanced by the person. B. Except as otherwise provided in Section 10 [45-3-925 NMSA 1978] of this act, any estate tax due from a person that cannot be collected from the person may be collected by the fiduciary from other persons in the following order of priority: (1) any person having an interest in the apportionable estate that is not exonerated from the tax; (2) any other person having an interest in the apportionable estate; and (3) any person having an interest in the gross estate. C. A domiciliary fiduciary may recover from an ancillary personal representative the estate tax apportioned to the property controlled by the ancillary personal representative. D. The total tax collected from a person pursuant to the Uniform Estate Tax Apportionment Act [45-3-920 to 45-3-930 NMSA 1978] may not exceed the value of the person's interest. History: Laws 2005, ch. 143, § 13; 1978 Comp., § 45-9A-9 recompiled as § 45-3-928 by Laws 2011, ch. 124, § 99. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 99 recompiled former 45-9A-9 NMSA 1978 as 45-3-928 NMSA 1978, effective January 1, 2012.
NM Stat § 45-3-929 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-929 - Right of reimbursement.

A. A person required under Section 13 [45-3-928 NMSA 1978] of this act to pay an estate tax greater than the amount due from the person under Section 7 or 8 [45-3-922, 45-3-923 NMSA 1978] of this act has a right to reimbursement from another person to the extent that the other person has not paid the tax required by Section 7 or 8 of this act and a right to reimbursement ratably from other persons to the extent that each has not contributed a portion of the amount collected under Subsection B of Section 13 of this act. B. A fiduciary may enforce the right of reimbursement under Subsection A of this section on behalf of the person that is entitled to the reimbursement and shall take reasonable steps to do so if requested by the person. History: Laws 2005, ch. 143, § 14; 1978 Comp., § 45-9A-10 recompiled as § 45-3-929 by Laws 2011, ch. 124, § 99. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 99 recompiled former 45-9A-10 NMSA 1978 as 45-3-929 NMSA 1978, effective January 1, 2012.
NM Stat § 45-3-930 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-930 - Action to determine or enforce act.

A fiduciary, transferee or beneficiary of the gross estate may maintain an action for declaratory judgment to have a court determine and enforce the Uniform Estate Tax Apportionment Act [45-3-920 to 45-3-930 NMSA 1978]. History: Laws 2005, ch. 143, § 15; 1978 Comp., § 45-9A-11 recompiled as § 45-3-930 by Laws 2011, ch. 124, § 99. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 99 recompiled former 45-9A-11 NMSA 1978 as 45-3-930 NMSA 1978, effective January 1, 2012.
NM Stat § 45-3-1002 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 10 - CLOSING ESTATES|Section 45-3-1002 - Formal proceedings terminating testate administration; order construing will without adjudicating testacy.

A. A personal representative administering an estate under an informally probated will, or any devisee under an informally probated will, may petition for an order of settlement of the estate which will not adjudicate the testacy status of the decedent. The personal representative may petition at any time, and a devisee may petition after one year from the appointment of the original personal representative, except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired. B. The petition may request the district court to consider the final account or compel or approve an accounting and distribution, to construe the will and adjudicate final settlement and distribution of the estate. C. After notice to all devisees and the personal representative and hearing, the district court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate under the will and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the personal representative from further claim or demand of any devisee who is a party to the proceeding and those he represents. D. If it appears that a part of the estate is to pass intestate, the proceedings shall be dismissed or amendments made to meet the provisions of Section 3-1001 [45-3-1001 NMSA 1978]. History: 1953 Comp., § 32A-3-1002, enacted by Laws 1975, ch. 257, § 3-1002. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-1002 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators § 903.
NM Stat § 45-3-1004 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 10 - CLOSING ESTATES|Section 45-3-1004 - Liability of distributees to claimants.

A. After assets of an estate have been distributed and subject to Section 45-3-1006 NMSA 1978, an unpaid claim not barred may be prosecuted in a proceeding against one or more distributees. B. No distributee shall be liable to claimants for amounts received as family or personal property allowances or for amounts in excess of the value of his distribution as of the time of distribution. As between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration. C. Any distributee who fails to notify other distributees of the demand made upon him by the claimant in sufficient time to permit them to join in any proceeding in which the claim was asserted against him loses his right of contribution against other distributees. History: 1953 Comp., § 32A-3-1004, enacted by Laws 1975, ch. 257, § 3-1004; 1995, ch. 210, § 45. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-1004 UPC. The 1995 amendment, effective July 1, 1995, substituted "Section 45-3-1006 NMSA" for "Section 3-1006" in Subsection A; inserted "received as family or personal property allowances or for amounts" in the first sentence in Subsection B; and made a minor stylistic change. Am. Jur. 2d, A.L.R. and C.J.S. references. — 26A C.J.S. Descent and Distribution § 116; 97 C.J.S. Wills § 1311.