2011 New Mexico Statutes
Chapter 45: Uniform Probate Code
Article 6: Nonprobate Transfers, 45-6-101 through 45-6-401
Section 45-6-227: Set-off.
45-6-227. Set-off.
Without qualifying any other statutory right to set-off or lien and subject to any contractual provision, if a party is indebted to a financial institution, the financial institution has a right to set-off against the account. The amount of the account subject to set-off is the proportion to which the party is, or immediately before death was, beneficially entitled under Section 45-6-211 NMSA 1978 or, in the absence of proof of that proportion, an equal share with all parties.
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