New Mexico Statutes 45-6-204. Forms
A. A contract of deposit that contains provisions in substantially the following form establishes the type of account provided, and the account is governed by the provisions of Sections 45-6-201 through 45-6-227 N.M. Stat. Ann. applicable to an account of that type:
Terms Used In New Mexico Statutes 45-6-204
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
UNIFORM SINGLE- OR MULTIPLE-PARTY ACCOUNT FORM PARTIES (Name One or More Parties):
OWNERSHIP (Select One And Initial): SINGLE-PARTY ACCOUNT MULTIPLE-PARTY ACCOUNT Parties own account in proportion to net contributions unless there is clear and convincing evidence of a different intent. RIGHTS AT DEATH (Select One And Initial):
SINGLE-PARTY ACCOUNT At death of party, ownership passes as part of party’s estate.
SINGLE-PARTY ACCOUNT WITH POD (PAY ON DEATH) DESIGNATION (Name One or More Beneficiaries):
At death of party ownership passes to POD beneficiaries and is not part of party’s estate.
MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP At death of party, ownership passes to surviving parties.
MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND POD (PAY ON DEATH) DESIGNATION (Name One or More Beneficiaries):
and is At death of last surviving party, ownership passes to POD beneficiaries not part of last surviving party’s estate.
MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP At death of party, deceased party’s ownership passes as part of deceased party’s estate.
AGENCY (POWER OF ATTORNEY) DESIGNATION (Optional) Agents may make account transactions for parties but have no ownership or
rights at death unless named as POD beneficiaries.
(To Add Agency Designation To Account, Name One or More Agents):
(Select One and Initial):
AGENCY DESIGNATION SURVIVES DISABILITY OR INCAPACITY OF PARTIES AGENCY DESIGNATION TERMINATES ON DISABILITY OR INCAPACITY OF PARTIES.
B. A contract of deposit that does not contain provisions in substantially the form provided in Subsection A of this section is governed by the provisions of Sections 45-6- 201 through 45-6-227 N.M. Stat. Ann. applicable to the type of account that most nearly conforms to the depositor’s intent.