New Mexico § 46-12-118 - Removal or replacement of authorized fiduciary
Full text of New Mexico New Mexico Statutes Annotated § 46-12-118 — Removal or replacement of authorized fiduciary, with citation guidance and answers to common questions.
§ 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.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 46-12-118
What does New Mexico Statutes Annotated § 46-12-118 cover?
Section 46-12-118 ("Removal or replacement of authorized fiduciary") 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 § 46-12-118?
A common citation format is "New Mexico Statutes Annotated § 46-12-118" (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 § 46-12-118 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.