New Mexico § 46-3A-113 - Applicability
Full text of New Mexico New Mexico Statutes Annotated § 46-3A-113 — Applicability, with citation guidance and answers to common questions.
§ 46-3A-113. Applicability
A. Sections 46-3A-105 through 46-3A-113 NMSA 1978 shall apply to trusts in existence on July 1, 2005 and to trusts created on or after
that date. B. Sections 46-3A-105 through 46-3A-113 NMSA 1978 shall be construed to apply to the administration of a trust that is administered
in New Mexico under New Mexico law or that is governed by New Mexico law with respect
to the meaning and effect of its terms unless: (1) the trust is a trust described in Section 170(f)(2)(B) , 664(d) , 2702(a)(3) or 2702(b) of the federal Internal Revenue Code of 1986; (2) the governing instrument expressly prohibits the use of Sections 46-3A-105 through 46-3A-113 NMSA 1978 by specific reference to one or more provisions of those sections; or (3) the terms of a trust in existence on July 1, 2005 incorporate provisions that
operate as a total return trust. The trustee or a beneficiary of such a trust may adopt provisions in Sections 46-3A-105 through 46-3A-113 NMSA 1978 that do not contradict provisions in the governing instrument.
Frequently Asked Questions About New Mexico § 46-3A-113
What does New Mexico Statutes Annotated § 46-3A-113 cover?
Section 46-3A-113 ("Applicability") 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 § 46-3A-113?
A common citation format is "New Mexico Statutes Annotated § 46-3A-113" (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 § 46-3A-113 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.