New Mexico § 46-11-501 - Creditor claim; general power created by powerholder
Full text of New Mexico New Mexico Statutes Annotated § 46-11-501 — Creditor claim; general power created by powerholder, with citation guidance and answers to common questions.
§ 46-11-501. Creditor claim; general power created by powerholder
A. As used in this section, “ power of appointment created by the powerholder ” includes a power of appointment created in a transfer by another person to the extent
that the powerholder contributed value to the transfer. B. Appointive property subject to a general power of appointment created by the powerholder
is subject to a claim of a creditor of the powerholder or of the powerholder's estate
to the extent provided in the Uniform Voidable Transactions Act. C. Subject to Subsection B of this section, appointive property subject to a general
power of appointment created by the powerholder is not subject to a claim of a creditor
of the powerholder or the powerholder's estate to the extent the powerholder irrevocably
appointed the property in favor of a person other than the powerholder or the powerholder's
estate. D. Subject to Subsections B and C of this section, and notwithstanding the presence
of a spendthrift provision or whether the claim arose before or after the creation
of the power of appointment, appointive property subject to a general power of appointment
created by the powerholder is subject to a claim of a creditor of: (1) the powerholder, to the same extent as if the powerholder owned the appointive
property, if the power is presently exercisable; and (2) the powerholder's estate, to the extent the estate is insufficient to satisfy
the claim and subject to the right of a decedent to direct the source from which liabilities
are paid, if the power is exercisable at the powerholder's death.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 46-11-501
What does New Mexico Statutes Annotated § 46-11-501 cover?
Section 46-11-501 ("Creditor claim; general power created by powerholder") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 46-11-501?
A common citation format is "New Mexico Statutes Annotated § 46-11-501" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 46-11-501 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.