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The law in New Mexico allows an owner of real property (land or house) to transfer that property to another person (grantee beneficiary) through the use of a Transfer on Death Deed (TODD).
A living trust, sometimes referred to as a revocable trust or inter vivos trust, is established and takes effect during your lifetime by a written document known as a trust agreement. A will is written during your lifetime, but does not take effect until after your death.
A will must be filed with the county court in New Mexico where the person resided before their death. Even if there is no estate or the assets dont need to go through probate, the will must be recorded.
Which state is best for your trust situs for your trust? According to independent rankings, the top states with the best trust laws are South Dakota trust law and Nevada in the US.
Joint trusts are easier to manage during a couples lifetime. Since all assets are held in one trust, ownership mimics how many couples hold their assets - jointly. Both spouses having equal control of the management of joint assets held by the trust.
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A New Mexico living trust protects and maintains your assets for your exclusive use during your life and passes them to your beneficiaries after your death. A revocable living trust (inter vivos trust) can be an important part of your estate planning process.
How to Create a Living Trust in New Mexico Figure out which type of trust is best for you. If youre single, a single trust is probably what youll want. Take inventory of your assets. Choose your trustee. Write a trust document. Sign the trust in front of a notary. Fund the trust by moving property into it.
In New Mexico, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (its similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
Assuming you have no creditor concerns, both spouses want all the assets to go to the surviving spouse, and state death tax will not be an issue, a joint trust may be the way to go, for several reasons: A joint trust is easier to fund and maintain during the couples lifetime.
Dying without a Will in New Mexico If there isnt a will, the court will appoint someone, usually an adult child or surviving spouse, to be the executor or personal representative. The executor or personal representative takes care of the estate of the decedent.

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