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New Mexico · Through 2024-04-26

46A-5-506: Overdue distribution.

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Where this section sits in the code
  1. Chapter 46A - Uniform Trust Code
  2. ARTICLE 5 Creditor's Claims; Spendthrift and Discretionary Trusts

A. Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date.

B. As used in this section, "mandatory distribution" means a distribution of income or principal that the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. "Mandatory distribution" does not include a distribution subject to the exercise of the trustee's discretion even if the discretion is expressed in the form of a standard of distribution or the terms of the trust authorizing distribution combine language of discretion with language of direction.

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

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