New Mexico § 46-3A-413 - Property not productive of income

Full text of New Mexico New Mexico Statutes Annotated § 46-3A-413 — Property not productive of income, with citation guidance and answers to common questions.

§ 46-3A-413. Property not productive of income

(a) If a marital deduction is allowed for all or part of a trust whose assets consist

substantially of property that does not provide the spouse with sufficient income

from or use of the trust assets, and if the amounts that the trustee transfers from

principal to income under Section 104 and distributes to the spouse from principal

pursuant to the terms of the trust are insufficient to provide the spouse with the

beneficial enjoyment required to obtain the marital deduction, the spouse may require

the trustee to make property productive of income, convert property within a reasonable

time or exercise the power conferred by Section 104(a). The trustee may decide which action or combination of actions to take. (b) In cases not governed by Subsection (a), proceeds from the sale or other disposition

of an asset are principal without regard to the amount of income the asset produces

during any accounting period.

Source: official New Mexico text · Last verified 2026-08-27

Frequently Asked Questions About New Mexico § 46-3A-413

What does New Mexico Statutes Annotated § 46-3A-413 cover?

Section 46-3A-413 ("Property not productive of income") 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-413?

A common citation format is "New Mexico Statutes Annotated § 46-3A-413" (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-413 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.