Legal Question in Wills and Trusts in Nevada

my husband and i filed a family trust we filed the deed and homestead papers what i want to know is what is the notice of trust and do we need to file it


Asked on 5/11/11, 9:31 am

1 Answer from Attorneys

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

In Nevada, a family trust is a private, family document that is not generally available to the public. Unless someone stirs up the pot upon your death and challenges the trust or its administration by your successor trustee in probate court, it remains completely private and nobody is entitled to see it. What you are referring to as a "notice of trust" may be a compilation or abstract of the trust that is the document you present to the bank, to DMV, to the County Recorder's Office and to your stock broker (for instance) to transfer your assets into the trust. This is an essential step, and the "Certificate of Trust" or similarly-named document is the abbreviated form you utilize to do this without having to disclose the entire trust to any of those offices.

I recommend to my clients that they allow the person behind the counter to VIEW the document, but not file a copy of it, since you might amend your trust at some later date, and you don't want outdated copies of it floating around in government offices, banks or other places. There should be no need for any office to retain a copy of the trust - they need only verify that it is legitimate and see the full, formal name of it to set up the accounts in its name.

Read more
Answered on 5/17/11, 10:03 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Nevada