reglab/housing_qa huggingface dataset:
NM Stat § 46-12-117 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 12 - Uniform Trust Decanting|Section 46-12-117 - Relief from liability and indemnification.

A. Except as otherwise provided in this section, a second-trust instrument shall not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument. B. A second-trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised. C. A second-trust instrument shall not reduce fiduciary liability in the aggregate. D. Subject to Subsection C of this section, a second-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees, distribution advisors, investment advisors, trust protectors or other persons, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by New Mexico law other than the Uniform Trust Decanting Act. History: Laws 2016, ch. 72, § 1-117. ANNOTATIONSEffective dates. — Laws 2016, ch. 72, § 3-101 made the Uniform Trust Decanting Act, §§ 46-12-101 through 46-12-129 NMSA 1978, effective January 1, 2017.
NM Stat § 46-12-118 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 12 - Uniform Trust Decanting|Section 46-12-118 - Removal or replacement of authorized fiduciary.

An authorized fiduciary shall not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless: A. the person holding the power consents to the modification in a signed record and the modification applies only to the person; B. the person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or C. the court approves the modification and the modification grants a substantially similar power to another person. History: Laws 2016, ch. 72, § 1-118. ANNOTATIONSEffective dates. — Laws 2016, ch. 72, § 3-101 made the Uniform Trust Decanting Act, §§ 46-12-101 through 46-12-129 NMSA 1978, effective January 1, 2017.
NM Stat § 46-12-120 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 12 - Uniform Trust Decanting|Section 46-12-120 - Duration of second trust.

A. Subject to Subsection B of this section, a second trust may have a duration that is the same as or different from the duration of the first trust. B. To the extent that property of a second trust is attributable to property of the first trust, the property of the second trust is subject to any maximum perpetuity, accumulation or suspension-of-the-power-of-alienation rules that apply to property of the first trust. History: Laws 2016, ch. 72, § 1-120. ANNOTATIONSEffective dates. — Laws 2016, ch. 72, § 3-101 made the Uniform Trust Decanting Act, §§ 46-12-101 through 46-12-129 NMSA 1978, effective January 1, 2017.
NM Stat § 46-12-121 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 12 - Uniform Trust Decanting|Section 46-12-121 - Need to distribute not required.

An authorized fiduciary may exercise the decanting power regardless of whether under the first trust's discretionary distribution standard the fiduciary would have made, or could have been compelled to make, a discretionary distribution of principal at the time of the exercise. History: Laws 2016, ch. 72, § 1-121. ANNOTATIONSEffective dates. — Laws 2016, ch. 72, § 3-101 made the Uniform Trust Decanting Act, §§ 46-12-101 through 46-12-129 NMSA 1978, effective January 1, 2017.
NM Stat § 46-12-122 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 12 - Uniform Trust Decanting|Section 46-12-122 - Saving provision.

A. If exercise of the decanting power would be effective under the Uniform Trust Decanting Act except that the second-trust instrument in part does not comply with the Uniform Trust Decanting Act, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power: (1) a provision in the second-trust instrument that is not permitted under the Uniform Trust Decanting Act is void to the extent necessary to comply with the Uniform Trust Decanting Act; and (2) a provision required by the Uniform Trust Decanting Act to be in the second-trust instrument that is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with the Uniform Trust Decanting Act. B. If a trustee or other fiduciary of a second trust determines that Subsection A of this section applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary's duties. History: Laws 2016, ch. 72, § 1-122. ANNOTATIONSEffective dates. — Laws 2016, ch. 72, § 3-101 made the Uniform Trust Decanting Act, §§ 46-12-101 through 46-12-129 NMSA 1978, effective January 1, 2017.
NM Stat § 46-12-123 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 12 - Uniform Trust Decanting|Section 46-12-123 - Trust for care of animal.

A. As used in this section: (1) "animal trust" means a trust or an interest in a trust created to provide for the care of one or more animals; and (2) "protector" means a person appointed in an animal trust to enforce the trust on behalf of the animal or, if no such person is appointed in the trust, a person appointed by the court for that purpose. B. The decanting power may be exercised over an animal trust that has a protector to the extent that the trust could be decanted under the Uniform Trust Decanting Act as if each animal that benefits from the trust were an individual if the protector consents in a signed record to the exercise of the power. C. A protector for an animal has the rights under the Uniform Trust Decanting Act of a qualified beneficiary. D. Notwithstanding any other provision of the Uniform Trust Decanting Act, if a first trust is an animal trust, in an exercise of the decanting power, the second trust shall provide that trust property may be applied only to its intended purpose for the period the first trust benefited the animal. History: Laws 2016, ch. 72, § 1-123. ANNOTATIONSEffective dates. — Laws 2016, ch. 72, § 3-101 made the Uniform Trust Decanting Act, §§ 46-12-101 through 46-12-129 NMSA 1978, effective January 1, 2017.
NM Stat § 46-12-124 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 12 - Uniform Trust Decanting|Section 46-12-124 - Terms of second trust.

A reference in the Uniform Trust Code [Chapter 46A NMSA 1978] to a trust instrument or terms of the trust includes a second-trust instrument and the terms of the second trust. History: Laws 2016, ch. 72, § 1-124. ANNOTATIONSEffective dates. — Laws 2016, ch. 72, § 3-101 made the Uniform Trust Decanting Act, §§ 46-12-101 through 46-12-129 NMSA 1978, effective January 1, 2017.
NM Stat § 46-12-125 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 12 - Uniform Trust Decanting|Section 46-12-125 - Settlor.

A. For purposes of New Mexico law other than the Uniform Trust Decanting Act and subject to Subsection B of this section, a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power. B. In determining settlor intent with respect to a second trust, the intent of a settlor of the first trust, a settlor of the second trust and the authorized fiduciary may be considered. History: Laws 2016, ch. 72, § 1-125. ANNOTATIONSEffective dates. — Laws 2016, ch. 72, § 3-101 made the Uniform Trust Decanting Act, §§ 46-12-101 through 46-12-129 NMSA 1978, effective January 1, 2017.
NM Stat § 46-12-126 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 12 - Uniform Trust Decanting|Section 46-12-126 - Later-discovered property.

A. Except as otherwise provided in Subsection C of this section, if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust and property paid to or acquired by the first trust after the exercise of the power is part of the trust estate of the second trust or trusts. B. Except as otherwise provided in Subsection C of this section, if exercise of the decanting power was intended to distribute less than all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power remains part of the trust estate of the first trust. C. An authorized fiduciary may provide in an exercise of the decanting power, or by the terms of a second trust, for disposition of later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power. History: Laws 2016, ch. 72, § 1-126. ANNOTATIONSEffective dates. — Laws 2016, ch. 72, § 3-101 made the Uniform Trust Decanting Act, §§ 46-12-101 through 46-12-129 NMSA 1978, effective January 1, 2017.
NM Stat § 46-12-127 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 12 - Uniform Trust Decanting|Section 46-12-127 - Obligations.

A debt, liability or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the second trust after exercise of the decanting power. History: Laws 2016, ch. 72, § 1-127. ANNOTATIONSEffective dates. — Laws 2016, ch. 72, § 3-101 made the Uniform Trust Decanting Act, §§ 46-12-101 through 46-12-129 NMSA 1978, effective January 1, 2017.
NM Stat § 46-12-128 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 12 - Uniform Trust Decanting|Section 46-12-128 - Uniformity of application and construction.

In applying and construing the Uniform Trust Decanting Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2016, ch. 72, § 1-128. ANNOTATIONSEffective dates. — Laws 2016, ch. 72, § 3-101 made the Uniform Trust Decanting Act, §§ 46-12-101 through 46-12-129 NMSA 1978, effective January 1, 2017.
NM Stat § 46-12-129 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 12 - Uniform Trust Decanting|Section 46-12-129 - Relation to Electronic Signatures in Global and National Commerce Act.

The Uniform Trust Decanting Act modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). History: Laws 2016, ch. 72, § 1-129. ANNOTATIONSEffective dates. — Laws 2016, ch. 72, § 3-101 made the Uniform Trust Decanting Act, §§ 46-12-101 through 46-12-129 NMSA 1978, effective January 1, 2017.
NM Stat § 46-13-1 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 13 - Revised Uniform Fiduciary Access to Digital Assets|Section 46-13-1 - Short title.

Sections 1 through 18 of this act [46-13-1 to 46-13-18 NMSA 1978] may be cited as the "Revised Uniform Fiduciary Access to Digital Assets Act". History: Laws 2017, ch. 72, § 1. ANNOTATIONSEffective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 1 effective January 1, 2018.
NM Stat § 46-13-3 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 13 - Revised Uniform Fiduciary Access to Digital Assets|Section 46-13-3 - Applicability.

A. The Revised Uniform Fiduciary Access to Digital Assets Act applies to: (1) a fiduciary acting under a will or power of attorney executed before, on or after July 1, 2017; (2) a personal representative acting for a decedent who died before, on or after July 1, 2017; (3) a conservatorship proceeding commenced before, on or after July 1, 2017; and (4) a trustee acting under a trust created before, on or after July 1, 2017. B. The Revised Uniform Fiduciary Access to Digital Assets Act applies to a custodian if the user resides in this state or resided in this state at the time of the user's death. C. The Revised Uniform Fiduciary Access to Digital Assets Act does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business. History: Laws 2017, ch. 72, § 3. ANNOTATIONSEffective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 3 effective January 1, 2018.
NM Stat § 46-13-4 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 13 - Revised Uniform Fiduciary Access to Digital Assets|Section 46-13-4 - User direction for disclosure of digital assets.

A. A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney or other record. B. If a user has not used an online tool to give direction under Subsection A of this section or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney or other record disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user. C. A user's direction under Subsection A or B of this section overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service. History: Laws 2017, ch. 72, § 4. ANNOTATIONSEffective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 4 effective January 1, 2018.
NM Stat § 46-13-5 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 13 - Revised Uniform Fiduciary Access to Digital Assets|Section 46-13-5 - Terms-of-service agreement.

A. The Revised Uniform Fiduciary Access to Digital Assets Act does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. B. The Revised Uniform Fiduciary Access to Digital Assets Act does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents. C. A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law or by a terms-of-service agreement if the user has not provided direction under Section 4 of the Revised Uniform Fiduciary Access to Digital Assets Act [46-13-4 NMSA 1978]. History: Laws 2017, ch. 72, § 5. ANNOTATIONSEffective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 5 effective January 1, 2018.
NM Stat § 46-13-6 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 13 - Revised Uniform Fiduciary Access to Digital Assets|Section 46-13-6 - Procedure for disclosing digital assets.

A. When disclosing digital assets of a user under the Revised Uniform Fiduciary Access to Digital Assets Act, the custodian may at its sole discretion: (1) grant a fiduciary or designated recipient full access to the user's account; (2) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or (3) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account. B. A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under the Revised Uniform Fiduciary Access to Digital Assets Act. C. A custodian need not disclose under the Revised Uniform Fiduciary Access to Digital Assets Act a digital asset deleted by a user. D. If a user directs or a fiduciary requests a custodian to disclose under the Revised Uniform Fiduciary Access to Digital Assets Act some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose: (1) a subset limited by date of the user's digital assets; (2) all of the user's digital assets to the fiduciary or designated recipient; (3) none of the user's digital assets; or (4) all of the user's digital assets to the court for review in camera. History: Laws 2017, ch. 72, § 6. ANNOTATIONSEffective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 6 effective January 1, 2018.
NM Stat § 46-13-7 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 13 - Revised Uniform Fiduciary Access to Digital Assets|Section 46-13-7 - Disclosure of content of electronic communications of deceased user.

If a deceased user consented to, or a court directs, disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian: A. a written request for disclosure in physical or electronic form; B. a certified copy of the death certificate of the user; C. a certified copy of the letters of administration or letters testamentary of the personal representative or a small estate affidavit pursuant to the provisions of Section 45-3-1201 NMSA 1978; D. unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney or other record evidencing the user's consent to disclosure of the content of electronic communications; and E. if requested by the custodian: (1) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (2) evidence linking the account to the user; or (3) a finding by the court that: (a) the user had a specific account with the custodian, identifiable by the information specified in Paragraph (1) of this subsection; (b) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Section 2701 et seq., as amended, 47 U.S.C. Section 222, as amended, or other applicable law; (c) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or (d) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate. History: Laws 2017, ch. 72, § 7. ANNOTATIONSEffective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 7 effective January 1, 2018.
NM Stat § 46-13-8 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 13 - Revised Uniform Fiduciary Access to Digital Assets|Section 46-13-8 - Disclosure of other digital assets of a deceased user.

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian: A. a written request for disclosure in physical or electronic form; B. a certified copy of the death certificate of the user; C. a certified copy of the letters of administration or letters testamentary of the personal representative or a small estate affidavit pursuant to the provisions of Section 45-3-1201 NMSA 1978; and D. if requested by the custodian: (1) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (2) evidence linking the account to the user; (3) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or (4) a finding by the court that: (a) the user had a specific account with the custodian, identifiable by the information specified in Paragraph (1) of this subsection; or (b) disclosure of the user's digital assets is reasonably necessary for administration of the estate. History: Laws 2017, ch. 72, § 8. ANNOTATIONSEffective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 8 effective January 1, 2018.
NM Stat § 46-13-9 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 13 - Revised Uniform Fiduciary Access to Digital Assets|Section 46-13-9 - Disclosure of content of electronic communications of principal.

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian: A. a written request for disclosure in physical or electronic form; B. an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal; C. a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and D. if requested by the custodian: (1) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or (2) evidence linking the account to the principal. History: Laws 2017, ch. 72, § 9. ANNOTATIONSEffective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 9 effective January 1, 2018.
NM Stat § 46-13-10 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 13 - Revised Uniform Fiduciary Access to Digital Assets|Section 46-13-10 - Disclosure of other digital assets of principal.

Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian: A. a written request for disclosure in physical or electronic form; B. an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal; C. a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and D. if requested by the custodian: (1) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or (2) evidence linking the account to the principal. History: Laws 2017, ch. 72, § 10. ANNOTATIONSEffective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 10 effective January 1, 2018.