Nevada Asset Protection Trust

State:
Nevada
Control #:
NV-03255BG
Format:
Word; 
Rich Text
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Description

Section 166.015 of Nevadas Spendthrift Trust Act provides in part as follows:


Applicability of chapter; requirement of trustee if settlor is beneficiary of trust.


1. Unless the writing declares to the contrary, expressly, this chapter governs the construction, operation and enforcement, in this State, of all spendthrift trusts created in or outside this State if:

(a) All or part of the land, rents, issues or profits affected are in this State;

(b) All or part of the personal property, interest of money, dividends upon stock and other produce thereof, affected, are in this State;

(c) The declared domicile of the creator of a spendthrift trust affecting personal property is in this State; or

(d) At least one trustee qualified under subsection 2 has powers that include maintaining records and preparing income tax returns for the trust, and all or part of the administration of the trust is performed in this State.




This Act now allows settlor to create a trust under Nevada law that is protected from the creditors of the settlor. More specifically, under NRS §166.040(1)(b), the settlor of a Nevada self-settled spendthrift trust is protected:
" if the writing is irrevocable,
" does not require that any part of the income or principal of the trust be distributed to the settlor,
" and was not intended to hinder, delay or defraud known creditors."

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FAQ

Here is a quote about fees. Asset-protection trusts don't come cheap. Offshore asset-protection trusts can cost anywhere from $20,000 to $50,000 to set up, plus annual administrative fees of $2,000 to $5,000 and asset management fees of about 1% on the assets placed in the trust.

Asset-protection trusts don't come cheap. Offshore asset-protection trusts can cost anywhere from $20,000 to $50,000 to set up, plus annual administrative fees of $2,000 to $5,000 and asset management fees of about 1% on the assets placed in the trust.

Generally, there are two basic steps involved: creating the trust document and funding the trust. When creating an asset protection trust document, you'd include the same things as you would with any other type of irrevocable trust. That means you'd need to choose a trustee and name the trust beneficiaries.

An asset protection trust is irrevocable, meaning that any transfer of assets into the trust is permanent. In other words, the trust would own the assets in question and they would be managed by the trustee. By removing those assets from your ownership, you can protect them against creditor lawsuits.

More and more domestic and international families are establishing Asset Protection Trusts in Nevada. Nevada Asset Protection Trusts include a Spendthrift Provision that prevents beneficiaries and potential creditors (including previous spouses) from gaining direct access to assets within the trust.

The most popular type of trust for asset protection is a self-settled spendthrift trust. This type of trust allows settlors to protect their own assets. They may also protect assets which will be gifted to beneficiaries. These trusts are often referred to as asset protection trusts.

How much does it cost to set up an offshore trust? A proper offshore trust structure typically costs between $15,000 and $25,000, which normally includes the first year of trustee expenses. The trustee will then charge annual fees.

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Nevada Asset Protection Trust