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New Mexico · Through 2024-04-26

46-11-205: Rules of classification.

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Where this section sits in the code
  1. Chapter 46 - Fiduciaries and Trusts
  2. ARTICLE 11 Uniform Powers of Appointment

A. As used in this section, "adverse party" means a person with a substantial beneficial interest in property that would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor of the powerholder or a creditor of the powerholder's estate.

B. If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.

C. If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary.

Collected 2026-09-03T15:02:19Z. Source file · JSON

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