Business Formation

New Mexico LLC - Transfer on Death Clause

Hello: My wife and I are non-US persons. We are foreigners and we reside in Mexico. We want to form a New Mexico LLC. The LLC would open a US stock brokerage account to hold assets invested in the stock market. Can a New Mexico LLC Operating Agreement contain a Transfer on Death clause in order to avoid probate? For example; If New Mexico LLC has one member and that person dies can the governance and economic rights of the deceased person be automatically transferred to a non member thus avoiding probate? OR if a New Mexico LLC has two members and one member dies can the governance and economic rights of the deceased person be automatically transferred to the surviving member? Is the law the same for US persons and non-US persons? Thanks.

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