N.M. Stat. § 45-2-902
Nonvested property interest or power of appointment
created.
A. Except as provided in Subsections B and C of this section and except as
provided in Subsection A of Section 45-2-905 NMSA 1978, the time of creation of a
nonvested property interest or a power of appointment is determined under general
principles of property law.
B. Under Sections 45-2-901 through 45-2-905 NMSA 1978, if there is a person who
alone can exercise a power created by a governing instrument to become the
unqualified owner of either a nonvested property interest or a property interest subject
to a power of appointment as described in Subsection B or C of Section 45-2-901
NMSA 1978, the nonvested property interest or power of appointment is created when
the power to become the unqualified beneficial owner terminates. Under Sections 45-2-
901 through 45-2-905 NMSA 1978, a joint power with respect to community property or
to marital property under the Uniform Marital Property Act held by individuals married to
each other is a power exercisable by one person alone.
C. Under Sections 45-2-901 through 45-2-905 NMSA 1978, a nonvested property
interest or a power of appointment arising from a transfer of property to a previously
funded trust or other existing property arrangement is created when the nonvested
property interest or power of appointment in the original contribution was created.