Legal Question in Wills and Trusts in Nevada

How much authority does a trustee have in an irrevocable living trust. I can not get any answers. I am a primary beneficiary but seems that the livig trust prevents me from seeing any inheratence. My mom died about a month ago and I have not heard anything from the appointed trustee or the attorney my my mother hired before she passed away. There are considerble assets at stake. She lived in Neveda and I live in PA. I am her only living heir.


Asked on 2/09/14, 10:56 am

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

If your mother was living in Nevada at the time of her passing, and the trust was formed subject to Nevada laws, you might wish to review some specific statutes in our state. Nevada Revised Statute 165.135 relates to accounting by trustees:

1.  The trustee of a nontestamentary trust shall furnish to each beneficiary an account ....

NRS 165.147 states, in relevant part:

1.  Upon request by a beneficiary who is entitled to receive an account [of a non-testamentary trust], a trustee shall provide a copy of the trust instrument to that beneficiary except as expressly provided otherwise in the trust instrument.

If you strongly believe you are a named beneficiary of the trust and there are assets that either are sitting stagnant or being wrongly disbursed, you need an attorney to contact the trust lawyer or trustee and insist on an accounting and a copy of the trust to help you determine your legal rights under the estate plan. Do not wait or the assets may "evaporate" and your inheritance could be lost forever.

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Answered on 2/14/14, 9:14 am


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