The New Mexico Declaration of Trust is a legal document that outlines the establishment and terms of a trust in the state of New Mexico. It serves as a binding agreement between the granter (the person creating the trust) and the trustee (the person responsible for managing the trust assets). This declaration provides explicit instructions on how the trust property is to be used, distributed, and managed, as per the granter's wishes. Key terms commonly associated with the New Mexico Declaration of Trust include: 1. Trustee: The person or entity appointed to administer and manage the trust assets according to the terms of the declaration. 2. Granter: The person who creates and funds the trust by transferring their assets or property into it. 3. Beneficiary: The individual or entity designated to benefit from the trust's assets and provisions. 4. Revocable Trust: This type of declaration allows the granter to make changes or even revoke the trust during their lifetime. The assets and income generated by the trust are still subject to taxation. 5. Irrevocable Trust: In contrast to a revocable trust, once the declaration is executed, the terms cannot be altered or revoked without the consent of all beneficiaries. This type of trust may offer certain tax advantages. 6. Living Trust: This declaration is created during the granter's lifetime and takes effect immediately upon its execution. It primarily serves as a tool to manage and distribute assets during the granter's lifetime and after their death. It avoids probate, ensuring a smoother transfer of assets upon the granter's passing. 7. Testamentary Trust: This type of declaration is established through the granter's will and only comes into effect upon their death. It allows for the management and distribution of assets to beneficiaries outlined in the will. 8. Special Needs Trust: This declaration is designed to provide ongoing financial support for individuals with disabilities, ensuring that they can maintain their eligibility for government assistance programs while benefiting from the trust assets. 9. Charitable Trust: This type of declaration allows individuals to donate assets or property to a charitable organization, enabling philanthropic goals while potentially providing tax benefits for the granter. In conclusion, the New Mexico Declaration of Trust is a legal document used to create and manage different types of trusts, such as revocable or irrevocable trusts, living or testamentary trusts, special needs trusts, and charitable trusts. It outlines the roles and responsibilities of the trustee and provides instructions for the distribution and management of trust assets.