N.M. Stat. Ann. § 46A-4-408
effective July 1, 2003
§ 46A-4-408. Trust for care of animal
A. A trust may be created to provide for the care of an animal alive
during the settlor's lifetime. The trust terminates upon the death of
the animal or, if the trust was created to provide for the care of more
than one animal alive during the settlor's lifetime, upon the death of
the last surviving animal.
B. A trust authorized by this section may be enforced by a person
appointed in the terms of the trust or, if no person is so appointed, by
a person appointed by the court. A person having an interest in the
welfare of the animal may request the court to appoint a person to
enforce the trust or to remove a person appointed.
C. Property of a trust authorized by this section may be applied only to
its intended use, except to the extent the court determines that the
value of the trust property exceeds the amount required for the intended
use. Except as otherwise provided in the terms of the trust, property
not required for the intended use must be distributed to the settlor, if
then living, otherwise to the settlor's successors in interest.