reglab/statecodes huggingface dataset:
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 1 effective January 1, 2018.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 3 effective January 1, 2018.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 4 effective January 1, 2018.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 5 effective January 1, 2018.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 6 effective January 1, 2018.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 7 effective January 1, 2018.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 8 effective January 1, 2018.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 9 effective January 1, 2018.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 10 effective January 1, 2018.
2023 New Mexico Statutes › Chapter 46 - Fiduciaries and Trusts › Article 13 - Revised Uniform Fiduciary Access to Digital Assets › Section 46-13-11 - Disclosure of digital assets held in trust when trustee is an original user.

Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
History:
Laws 2017, ch. 72, § 11.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 11 effective January 1, 2018.
2023 New Mexico Statutes › Chapter 46 - Fiduciaries and Trusts › Article 13 - Revised Uniform Fiduciary Access to Digital Assets › Section 46-13-12 - Disclosure of contents of electronic communications held in trust when trustee is not an original user.

Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received or stored by the custodian in the account of the trust if the trustee gives the custodian:
A. a written request for disclosure in physical or electronic form;
B. a certified copy of the trust instrument or a certified copy of the trust instrument or a certification of trust under Section 46A-10-1013 NMSA 1978 that includes consent to disclosure of the content of electronic communications to the trustee;
C. a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; 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 trust's account; or
(2) evidence linking the account to the trust.
History:
Laws 2017, ch. 72, § 12.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 12 effective January 1, 2018.
2023 New Mexico Statutes › Chapter 46 - Fiduciaries and Trusts › Article 13 - Revised Uniform Fiduciary Access to Digital Assets › Section 46-13-13 - Disclosure of other digital assets held in trust when trustee is not an original user.

Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
A. a written request for disclosure in physical or electronic form;
B. a certified copy of the trust instrument or a certified copy of the trust instrument or a certification of trust under Section 46A-10-1013 NMSA 1978;
C. a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; 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 trust's account; or
(2) evidence linking the account to the trust.
History:
Laws 2017, ch. 72, § 13.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 13 effective January 1, 2018.
2023 New Mexico Statutes › Chapter 46 - Fiduciaries and Trusts › Article 13 - Revised Uniform Fiduciary Access to Digital Assets › Section 46-13-14 - Disclosure of digital assets to conservator of a protected person.

A. After an opportunity for a hearing under Chapter 45, Article 5 NMSA 1978, the court may grant a conservator access to the digital assets of a protected person.
B. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the court order that gives the conservator authority over the digital assets of the protected person; and
(3) if requested by the custodian:
(a) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
(b) evidence linking the account to the protected person.
C. A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section shall be accompanied by a certified copy of the court order giving the conservator authority over the protected person's property.
History:
Laws 2017, ch. 72, § 14.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 14 effective January 1, 2018.
2023 New Mexico Statutes › Chapter 46 - Fiduciaries and Trusts › Article 13 - Revised Uniform Fiduciary Access to Digital Assets › Section 46-13-15 - Fiduciary duty and authority.

A. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(1) the duty of care;
(2) the duty of loyalty; and
(3) the duty of confidentiality.
B. A fiduciary's or designated recipient's authority with respect to a digital asset of a user:
(1) except as otherwise provided in Section 4 of the Revised Uniform Fiduciary Access to Digital Assets Act [46-13-4 NMSA 1978], is subject to the applicable terms of service;
(2) is subject to other applicable law, including copyright law;
(3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(4) may not be used to impersonate the user.
C. A fiduciary with authority over the property of a decedent, protected person, principal or settlor has the right to access any digital asset in which the decedent, protected person, principal or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
D. A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including the Computer Crimes Act [30-45-1 to 30-45-7 NMSA 1978].
E. A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal or settlor:
(1) has the right to access the property and any digital asset stored in it; and
(2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including those offenses enumerated in the Computer Crimes Act.
F. A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
G. A fiduciary of a user may request a custodian to terminate the user's account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by:
(1) if the user is deceased, a certified copy of the death certificate of the user;
(2) 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, court order, power of attorney or trust giving the fiduciary authority over the account; and
(3) if requested by the custodian:
(a) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(b) evidence linking the account to the user; or
(c) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in Subparagraph (a) of this paragraph.
History:
Laws 2017, ch. 72, § 15.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 15 effective January 1, 2018.
2023 New Mexico Statutes › Chapter 46 - Fiduciaries and Trusts › Article 13 - Revised Uniform Fiduciary Access to Digital Assets › Section 46-13-16 - Custodian compliance and immunity.

A. Not later than sixty days after receipt of the information required under Sections 7 through 15 [46-13-7 to 46-13-15 NMSA 1978] of the Revised Uniform Fiduciary Access to Digital Assets Act, a custodian shall comply with a request under the Revised Uniform Fiduciary Access to Digital Assets Act from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
B. An order under Subsection A of this section directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. Section 2702, as amended.
C. A custodian may notify the user that a request for disclosure or to terminate an account was made under the Revised Uniform Fiduciary Access to Digital Assets Act.
D. A custodian may deny a request under the Revised Uniform Fiduciary Access to Digital Assets Act from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
E. The Revised Uniform Fiduciary Access to Digital Assets Act does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under the Revised Uniform Fiduciary Access to Digital Assets Act to obtain a court order that:
(1) specifies that an account belongs to the protected person or principal;
(2) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and
(3) contains a finding required by law other than the Revised Uniform Fiduciary Access to Digital Assets Act.
F. A custodian and its officers, employees and agents are immune from liability for an act or omission done with reasonable care in compliance with the Revised Uniform Fiduciary Access to Digital Assets Act.
History:
Laws 2017, ch. 72, § 16.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 16 effective January 1, 2018.
2023 New Mexico Statutes › Chapter 46 - Fiduciaries and Trusts › Article 13 - Revised Uniform Fiduciary Access to Digital Assets › Section 46-13-17 - Uniformity of application and construction.

In applying and construing the Revised Uniform Fiduciary Access to Digital Assets 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 2017, ch. 72, § 17.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 17 effective January 1, 2018.
2023 New Mexico Statutes › Chapter 46 - Fiduciaries and Trusts › Article 13 - Revised Uniform Fiduciary Access to Digital Assets › Section 46-13-18 - Relation to Electronic Signatures in Global and National Commerce Act.

The Revised Uniform Fiduciary Access to Digital Assets Act modifies, limits or supersedes the federal 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 2017, ch. 72, § 18.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 18 effective January 1, 2018.
2023 New Mexico Statutes › Chapter 46 - Fiduciaries and Trusts › Article 14 - Uniform Directed Trust › Section 46-14-1 - Short title.

Sections 1 through 18 [46-14-1 to 46-14-18 NMSA 1978] of this act may be cited as the "Uniform Directed Trust Act".
History:
Laws 2018, ch. 63, § 1.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 63, § 25 makes Laws 2018, ch. 63, § 1 effective January 1, 2019.
2023 New Mexico Statutes › Chapter 46 - Fiduciaries and Trusts › Article 14 - Uniform Directed Trust › Section 46-14-2 - Definitions.

As used in the Uniform Directed Trust Act:
A. "breach of trust" includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, by the Uniform Directed Trust Act or by another law of New Mexico pertaining to trusts;
B. "directed trust" means a trust for which the terms of the trust grant a power of direction;
C. "directed trustee" means a trustee that is subject to a trust director's power of direction;
D. "person" means an individual; estate; business or nonprofit entity; public corporation; government; governmental subdivision, agency or instrumentality; or other legal entity;
E. "power of direction":
(1) means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee;
(2) includes a power over the investment, management or distribution of trust property or other matters of trust administration; and
(3) excludes the powers described in Subsection B of Section 5 [46-14-5 NMSA 1978] of the Uniform Directed Trust Act;
F. "settlor" means a person, including a testator, that creates, or contributes property to, a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person's contribution except to the extent another person has the power to revoke or withdraw that portion;
G. "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any other territory or possession subject to the jurisdiction of the United States;
H. "terms of a trust" means:
(1) except as otherwise provided in Paragraph (2) of this subsection, the manifestation of the settlor's intent regarding a trust's provisions as:
(a) expressed in the trust instrument; or
(b) established by other evidence that would be admissible in a judicial proceeding; or
(2) the trust's provisions as established, determined or amended by:
(a) a trustee or trust director in accordance with applicable law;
(b) court order; or
(c) a nonjudicial settlement agreement under Section 46A-1-111 NMSA 1978;
I. "trust director" means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust; and
J. "trustee" includes an original, additional and successor trustee and a cotrustee [co-trustee].
History:
Laws 2018, ch. 63, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Effective dates.
— Laws 2018, ch. 63, § 25 makes Laws 2018, ch. 63, § 2 effective January 1, 2019.
2023 New Mexico Statutes › Chapter 46 - Fiduciaries and Trusts › Article 14 - Uniform Directed Trust › Section 46-14-3 - Application; principal place of administration.

A. The Uniform Directed Trust Act applies to a trust, whenever created, that has its principal place of administration in New Mexico, subject to the following rules:
(1) if the trust was created before January 1, 2019, that act applies only to a decision or action occurring on or after that date; and
(2) if the principal place of administration of the trust is changed to New Mexico on or after January 1, 2019, that act applies only to a decision or action occurring on or after the date of the change.
B. Without precluding other means to establish a sufficient connection with the designated jurisdiction in a directed trust, the terms of the trust that designate the principal place of administration of the trust are valid and controlling if:
(1) a trustee's principal place of business is located in, or a trustee is a resident of, the designated jurisdiction;
(2) a trust director's principal place of business is located in, or a trust director is a resident of, the designated jurisdiction; or
(3) all or part of the administration occurs in the designated jurisdiction.
History:
Laws 2018, ch. 63, § 3.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 63, § 25 makes Laws 2018, ch. 63, § 3 effective January 1, 2019.
2023 New Mexico Statutes › Chapter 46 - Fiduciaries and Trusts › Article 14 - Uniform Directed Trust › Section 46-14-4 - Common law and principles of equity.

The common law and principles of equity supplement the Uniform Directed Trust Act, except to the extent modified by that act or another law of New Mexico.
History:
Laws 2018, ch. 63, § 4.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 63, § 25 makes Laws 2018, ch. 63, § 4 effective January 1, 2019.
2023 New Mexico Statutes › Chapter 46 - Fiduciaries and Trusts › Article 14 - Uniform Directed Trust › Section 46-14-5 - Exclusions.

A. As used in this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in, or another power of appointment over, trust property.
B. The Uniform Directed Trust Act does not apply to a:
(1) power of appointment;
(2) power to appoint or remove a trustee or trust director;
(3) power of a settlor over a trust to the extent the settlor has a power to revoke the trust;
(4) power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:
(a) the beneficiary; or
(b) another beneficiary represented by the beneficiary under Sections 46A-3-301 through 46A-3-305 NMSA 1978 with respect to the exercise or nonexercise of the power; or
(5) power over a trust if:
(a) the terms of the trust provide that the power is held in a nonfiduciary capacity; and
(b) the power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the United States Internal Revenue Code of 1986, as amended, and regulations issued thereunder, as amended.
C. Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in, or power of appointment over, trust property that is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.
History:
Laws 2018, ch. 63, § 5.
ANNOTATIONS
Cross references.
— For the federal Internal Revenue Code of 1986,
see
26 U.S.C. § 1.
Effective dates.
— Laws 2018, ch. 63, § 25 makes Laws 2018, ch. 63, § 5 effective January 1, 2019.
2023 New Mexico Statutes › Chapter 46 - Fiduciaries and Trusts › Article 14 - Uniform Directed Trust › Section 46-14-6 - Powers of trust director.

A. Subject to Section 7 [46-14-7 NMSA 1978] of the Uniform Directed Trust Act, the terms of a trust may grant a power of direction to a trust director.
B. Unless the terms of a trust provide otherwise:
(1) a trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under Subsection A of this section; and
(2) trust directors with joint powers shall act by majority decision.
History:
Laws 2018, ch. 63, § 6.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 63, § 25 makes Laws 2018, ch. 63, § 6 effective January 1, 2019.
2023 New Mexico Statutes › Chapter 46 - Fiduciaries and Trusts › Article 14 - Uniform Directed Trust › Section 46-14-7 - Limitations on trust director.

A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under Paragraph (1) of Subsection B of Section 6 [46-14-6 NMSA 1978] of the Uniform Directed Trust Act regarding:
A. a payback provision in the terms of the trust necessary to comply with the reimbursement requirements of medicaid law in Section 1917 of the Social Security Act, 42 U.S.C. Section 1396p(d)(4)(A), as amended, and regulations issued thereunder, as amended; and
B. a charitable interest in the trust, including notice regarding the interest to the attorney general.
History:
Laws 2018, ch. 63, § 7.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 63, § 25 makes Laws 2018, ch. 63, § 7 effective January 1, 2019.
2023 New Mexico Statutes › Chapter 46 - Fiduciaries and Trusts › Article 14 - Uniform Directed Trust › Section 46-14-8 - Duty and liability of trust director.

A. Subject to Subsection B of this section, with respect to a power of direction or a further power under Paragraph (1) of Subsection B of Section 6 [46-14-6 NMSA 1978] of the Uniform Directed Trust Act:
(1) a trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:
(a) if the power is held individually, as a sole trustee in a like position and under similar circumstances; or
(b) if the power is held jointly with a trustee or another trust director, as a cotrustee [co-trustee] in a like position and under similar circumstances; and
(2) the terms of the trust may vary the director's duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.
B. Unless the terms of a trust provide otherwise, if a trust director is licensed, certified or otherwise authorized or permitted by law other than the Uniform Directed Trust Act to provide health care in the ordinary course of the director's business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under that act.
C. The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities imposed by the Uniform Directed Trust Act.
History:
Laws 2018, ch. 63, § 8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Effective dates.
— Laws 2018, ch. 63, § 25 makes Laws 2018, ch. 63, § 8 effective January 1, 2019.
2023 New Mexico Statutes › Chapter 46 - Fiduciaries and Trusts › Article 14 - Uniform Directed Trust › Section 46-14-9 - Duty and liability of directed trustee.

A. Subject to Subsection B of this section, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under Paragraph (1) of Subsection B of Section 6 [46-14-6 NMSA 1978] of the Uniform Directed Trust Act, and the trustee is not liable for the action.
B. A directed trustee shall not comply with a trust director's exercise or nonexercise of a power of direction or further power under Paragraph (1) of Subsection B of Section 6 of the Uniform Directed Trust Act to the extent that, by complying, the trustee would engage in willful misconduct.
C. An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:
(1) the breach involved the trustee's or other director's willful misconduct;
(2) the release was induced by improper conduct of the trustee or other director in procuring the release; or
(3) at the time of the release, the director did not know the material facts relating to the breach.
D. A directed trustee that has reasonable doubt about its duty under this section may petition the district court for instructions.
E. The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities imposed by the Uniform Directed Trust Act.
History:
Laws 2018, ch. 63, § 9.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 63, § 25 makes Laws 2018, ch. 63, § 9 effective January 1, 2019.