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Under Nevada trust law, any individual may create a legally valid trust where they act as both the settlor and the beneficiary of the trust. The settlor may also serve as the trustee. This allows the settlor to maintain control of the assets held in the trust.
Challenges to a Trust or Will in Nevada. A sibling, or another beneficiary of the trust, can challenge a trust or will in multiple ways.
Q: Am I entitled to a copy of the trust if I am a beneficiary? A: Any person who is entitled to receive an Account by the Trustee must be provided a copy of the Trust Agreement if requested unless the document provides otherwise.
Section 163.556 of the Nevada Revised Statutes authorizes a trustee to decant a trust that has a Nevada situs, is governed by Nevada law, or that is administered under Nevada law.
The estate attorney will typically write a demand letter and advising the Trustee that if the Trustee does not provide the Trust, that the attorney will have no choice but to compel the Trustee, pursuant to Surrogate's Court Procedures Act 2102 for a copy of the Trust.
NRS 163.023 - Powers of trustee. A trustee has the powers provided in the trust instrument, expressed by law or granted by the court upon petition, as necessary or appropriate to accomplish a purpose of the trust, but the court may not grant a power expressly prohibited by the trust instrument.
NRS 111.1031 Statutory rule against perpetuities. (b) The interest either vests or terminates within 365 years after its creation. (b) The condition precedent either is satisfied or becomes impossible to satisfy within 365 years after its creation.
As of 2018, the following 31 states had adopted the new rule: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida,
A trust does not become public record.
A nonvested property interest is invalid unless: (a) When the interest is created, it is certain to vest or terminate no later than 21 years after the death of a natural person then alive; or (b) The interest either vests or terminates within 365 years after its creation.