A New Mexico Qualifying Subchapter-S Revocable Trust Agreement is a legal document that establishes a trust structure in compliance with the laws and regulations of the state of New Mexico. This type of trust is designed to take advantage of the tax benefits provided by Subchapter S of the Internal Revenue Code, which allows certain small business corporations to avoid double taxation. The trust agreement outlines the terms and conditions under which the trust assets are to be managed, administered, and distributed. It specifies the granter's intentions regarding the distribution of assets during their lifetime and after their death. The revocable nature of the trust allows the granter to modify or revoke the trust at any time while they are still alive. There are different types of New Mexico Qualifying Subchapter-S Revocable Trust Agreements available depending on the specific needs of the granter. Some common variations include: 1. Irrevocable Trust Agreement: This type of agreement cannot be modified or revoked by the granter once it is executed. It provides a level of asset protection and may have estate tax benefits. 2. Testamentary Trust Agreement: This agreement becomes effective upon the granter's death and is often included as a provision in their will. It allows the granter to have control over the distribution of assets after their passing. 3. Living Trust Agreement: Also known as an interviews trust, this agreement takes effect during the granter's lifetime. It provides flexibility in managing and distributing assets and can help avoid the probate process. 4. Special Needs Trust Agreement: This agreement is specifically designed to benefit individuals with special needs. It ensures that the trust assets are used to supplement government benefits without disqualifying the beneficiary from receiving them. By utilizing a New Mexico Qualifying Subchapter-S Revocable Trust Agreement, the granter can effectively manage their assets while potentially reducing estate taxes and ensuring a smooth transfer of wealth to their beneficiaries. It is crucial to consult with an experienced attorney who specializes in trust and estate planning to create a trust agreement that aligns with the granter's unique circumstances and goals.