New Mexico US Legal Guide to Revocable Land Trusts
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FAQ
Commonly referred to as the 21 year rule, the rule deems certain types of trusts to dispose of their capital property and recognize the accrued gains every 21 years. Without this rule, trusts could be used to defer the realization of a capital gain for more than 21 years (80 years in BC).
Assets That Can And Cannot Go Into Revocable TrustsReal estate.Financial accounts.Retirement accounts.Medical savings accounts.Life insurance.Questionable assets.
Assets can include real estate, valuable possessions, bank accounts and investments. As with all living trusts, you create it during your lifetime. (There are also testamentary trusts, which don't take effect until after you die.)
There are a variety of assets that you cannot or should not place in a living trust. These include: Retirement Accounts: Accounts such as a 401(k), IRA, 403(b) and certain qualified annuities should not be transferred into your living trust. Doing so would require a withdrawal and likely trigger income tax.
The land trust is an ideal vehicle for anonymous property ownership. It can also provide an easier probate process and potential protection against lawsuits. Setting up a land trust is also a fairly straightforward process, requiring only two main documents: a deed to trustee and the land trust agreement.
How to Create a Living Trust in New MexicoFigure out which type of trust is best for you. If you're single, a single trust is probably what you'll 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.
To make a living trust in New Mexico, you:Choose whether to make an individual or shared trust.Decide what property to include in the trust.Choose a successor trustee.Decide who will be the trust's beneficiariesthat is, who will get the trust property.Create the trust document.More items...
There has been a 3% increase in New Mexico land protected by land trusts since 2010. Acre by acre, land trusts are helping to conserve New Mexico lands, waters and ways of life.
Understanding The Land Trust A land trust is a type of living trust. However, unlike a living trust, which holds any type of asset, a land trust can only hold real estate or related assets. This means a land trust can hold physical properties, notes, mortgages, air rights, and other real estate related assets.