45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO CIVIL ACTIONS; CHANGING THE DISTRIBUTION OF PROCEEDS FROM WRONGFUL DEATH JUDGMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 41-2-3 NMSA 1978 (being Laws 1882, Chapter 61, Section 3, as amended) is amended to read:

"41-2-3. PERSONAL REPRESENTATIVE TO BRING ACTION--DAMAGES--DISTRIBUTION OF PROCEEDS.--Every [such] action [as] mentioned in Section [1821 (36-102)] 41-2-1 NMSA 1978 shall be brought by and in the name [or names] of the personal representative [or representatives] of [such] the deceased person, and the jury in every such action may give such damages, compensatory and exemplary, as they [shall] deem fair and just, taking into consideration the pecuniary injury [or injuries] resulting from [such] the death to the surviving party [or parties] entitled to the judgment, or any interest [therein] in the judgment, recovered in such action and also having regard to the mitigating or aggravating circumstances attending [such] the wrongful act, neglect or default. The proceeds of any judgment obtained in any such action shall not be liable for any debt of the deceased; provided [he or she shall have] the deceased has left a husband, wife, child, father, mother, brother, sister or child or children of the deceased child, but shall be distributed as follows:

[First.] A. if there [be] is a surviving husband or wife and no child, then to [such] the husband or wife;

B. if there [be] is a surviving husband or wife and a child [or children or grandchildren, then equally to each] or grandchild, then one-half to the surviving spouse and the remaining one-half to the children and grandchildren,

the [grandchild or] grandchildren taking by right of representation;

C. if there [be] is no husband or wife, but a child [or children] or grandchild [or grandchildren], then to such child [or children] and grandchild [or grandchildren] by right of representation;

D. if [such] the deceased [be] is a minor, childless and unmarried, then to the father and mother who shall have an equal interest in the judgment, or if either of them [be] is dead, then to the survivor;

E. if there [be] is no father, mother, husband, wife, child or grandchild, then to a surviving brother or sister [or brothers or sisters] if there [be] are any; and

F. if there [be none of the] is no kindred [hereinbefore] as named in Subsections A through E of this section, then the proceeds of [such] the judgment shall be disposed of in the manner authorized by law for the disposition of the personal property of deceased persons."