45-1-403. Pleadings; when parties bound by others; notice.
In judicial proceedings involving trusts, or estates of decedents, minors, protected persons or incapacitated persons, and in judicially supervised settlements, the following apply:
A. interests to be affected shall be described in pleadings that give reasonable information to owners by name or class, by reference to the instrument creating the interests or in other appropriate manner;
B. persons are bound by orders binding others in the following cases:
(1) orders binding the sole holder or all co-holders of a power of revocation or a presently exercisable general power of appointment, including one in the form of a power of amendment, bind other persons to the extent their interests as objects, takers in default or otherwise are subject to the power;
(2) to the extent there is no conflict of interest between them or among persons represented:
(a) orders binding a conservator bind the person whose estate the conservator controls;
(b) orders binding a guardian bind the protected person if no conservator of the protected person's estate has been appointed;
(c) orders binding a trustee bind beneficiaries of the trust in proceedings to probate a will establishing or adding to a trust, to review the acts or accounts of a prior fiduciary and in proceedings involving creditors or other third parties; and
(d) orders binding a personal representative bind persons interested in the undistributed assets of a decedent's estate in actions or proceedings by or against the estate. If there is no conflict of interest and no conservator or guardian has been appointed, a parent may represent the parent's minor child; and
(3) an unborn or unascertained person who is not otherwise represented is bound by an order to the extent the unborn or unascertained person's interest is adequately represented by another party having a substantially identical interest in the proceeding;
C. notice is required as follows:
(1) notice as prescribed by Section 45-1-401 NMSA 1978 shall be given to any person having an interest in the subject of the hearing or to one who can bind that person as described in Paragraph (1) or (2) of Subsection B of this section. Notice may be given both to a person and to another who may bind that person; and
(2) notice is given to unborn or unascertained persons who are not represented under Paragraph (1) or (2) of Subsection B of this section by giving notice to all known persons whose interests in the proceedings are substantially identical to those of the unborn or unascertained persons; and
D. at any point in a proceeding, the district court shall appoint a guardian ad litem to represent the interest of a minor; an incapacitated, unborn or unascertained person; or a person whose identity or address is unknown, if the district court determines that representation of the interest would otherwise be inadequate. If not precluded by conflict of interests, a guardian ad litem may be appointed to represent several persons or interests. The district court shall set out its reasons for appointing a guardian ad litem as a part of the record of the proceeding.
45-1-403. Pleadings; when parties bound by others; notice.
In judicial proceedings involving trusts, or estates of decedents, minors, protected persons or incapacitated persons, and in judicially supervised settlements, the following apply:
A. interests to be affected shall be described in pleadings that give reasonable information to owners by name or class, by reference to the instrument creating the interests or in other appropriate manner;
B. persons are bound by orders binding others in the following cases:
(1) orders binding the sole holder or all co-holders of a power of revocation or a presently exercisable general power of appointment, including one in the form of a power of amendment, bind other persons to the extent their interests as objects, takers in default or otherwise are subject to the power;
(2) to the extent there is no conflict of interest between them or among persons represented:
(a) orders binding a conservator bind the person whose estate the conservator controls;
(b) orders binding a guardian bind the protected person if no conservator of the protected person's estate has been appointed;
(c) orders binding a trustee bind beneficiaries of the trust in proceedings to probate a will establishing or adding to a trust, to review the acts or accounts of a prior fiduciary and in proceedings involving creditors or other third parties; and
(d) orders binding a personal representative bind persons interested in the undistributed assets of a decedent's estate in actions or proceedings by or against the estate. If there is no conflict of interest and no conservator or guardian has been appointed, a parent may represent the parent's minor child; and
(3) an unborn or unascertained person who is not otherwise represented is bound by an order to the extent the unborn or unascertained person's interest is adequately represented by another party having a substantially identical interest in the proceeding;
C. notice is required as follows:
(1) notice as prescribed by Section 45-1-401 NMSA 1978 shall be given to any person having an interest in the subject of the hearing or to one who can bind that person as described in Paragraph (1) or (2) of Subsection B of this section. Notice may be given both to a person and to another who may bind that person; and
(2) notice is given to unborn or unascertained persons who are not represented under Paragraph (1) or (2) of Subsection B of this section by giving notice to all known persons whose interests in the proceedings are substantially identical to those of the unborn or unascertained persons; and
D. at any point in a proceeding, the district court shall appoint a guardian ad litem to represent the interest of a minor; an incapacitated, unborn or unascertained person; or a person whose identity or address is unknown, if the district court determines that representation of the interest would otherwise be inadequate. If not precluded by conflict of interests, a guardian ad litem may be appointed to represent several persons or interests. The district court shall set out its reasons for appointing a guardian ad litem as a part of the record of the proceeding.
45-1-403. Pleadings; when parties bound by others; notice.
In judicial proceedings involving trusts, or estates of decedents, minors, protected persons or incapacitated persons, and in judicially supervised settlements, the following apply:
A. interests to be affected shall be described in pleadings that give reasonable information to owners by name or class, by reference to the instrument creating the interests or in other appropriate manner;
B. persons are bound by orders binding others in the following cases:
(1) orders binding the sole holder or all co-holders of a power of revocation or a presently exercisable general power of appointment, including one in the form of a power of amendment, bind other persons to the extent their interests as objects, takers in default or otherwise are subject to the power;
(2) to the extent there is no conflict of interest between them or among persons represented:
(a) orders binding a conservator bind the person whose estate the conservator controls;
(b) orders binding a guardian bind the protected person if no conservator of the protected person's estate has been appointed;
(c) orders binding a trustee bind beneficiaries of the trust in proceedings to probate a will establishing or adding to a trust, to review the acts or accounts of a prior fiduciary and in proceedings involving creditors or other third parties; and
(d) orders binding a personal representative bind persons interested in the undistributed assets of a decedent's estate in actions or proceedings by or against the estate. If there is no conflict of interest and no conservator or guardian has been appointed, a parent may represent the parent's minor child; and
(3) an unborn or unascertained person who is not otherwise represented is bound by an order to the extent the unborn or unascertained person's interest is adequately represented by another party having a substantially identical interest in the proceeding;
C. notice is required as follows:
(1) notice as prescribed by Section 45-1-401 NMSA 1978 shall be given to any person having an interest in the subject of the hearing or to one who can bind that person as described in Paragraph (1) or (2) of Subsection B of this section. Notice may be given both to a person and to another who may bind that person; and
(2) notice is given to unborn or unascertained persons who are not represented under Paragraph (1) or (2) of Subsection B of this section by giving notice to all known persons whose interests in the proceedings are substantially identical to those of the unborn or unascertained persons; and
D. at any point in a proceeding, the district court shall appoint a guardian ad litem to represent the interest of a minor; an incapacitated, unborn or unascertained person; or a person whose identity or address is unknown, if the district court determines that representation of the interest would otherwise be inadequate. If not precluded by conflict of interests, a guardian ad litem may be appointed to represent several persons or interests. The district court shall set out its reasons for appointing a guardian ad litem as a part of the record of the proceeding.
