Assembly Bill No. 469–Assemblyman Goldwater
March 10, 1999
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Referred to Committee on Judiciary
SUMMARY—Revises provisions concerning spendthrift trusts. (BDR 13-1296)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 166 of NRS is hereby amended by adding thereto a1-2
new section to read as follows:1-3
A person may not bring an action with respect to a transfer of property1-4
to a spendthrift trust:1-5
1. If he is a creditor when the transfer is made, unless the action is1-6
commenced within:1-7
(a) Two years after the transfer is made; or1-8
(b) Six months after he discovers or reasonably should have1-9
discovered the transfer,1-10
whichever is later.1-11
2. If he becomes a creditor after the transfer is made, unless the1-12
action is commenced within 2 years after the transfer is made.1-13
Sec. 2. NRS 166.040 is hereby amended to read as follows: 166.040 1. Any person competent by law to execute a will or deed1-15
may, by writing only, duly executed, by will, conveyance or other writing,1-16
create a spendthrift trust in real, personal or mixed property for1-17
1-18
(a) A person other than the settlor;2-1
(b) The settlor if the writing is irrevocable, does not require that any2-2
part of the income or principal of the trust be distributed to the settlor,2-3
and was not intended to hinder, delay or defraud known creditors; or2-4
(c) Both the settlor and another person if the writing meets the2-5
requirements of paragraph (b).2-6
2. For the purposes of this section, a writing:2-7
(a) Is "irrevocable" even if the settlor may prevent a distribution from2-8
the trust or holds a testamentary special power of appointment or similar2-9
power.2-10
(b) Does not "require" a distribution to the settlor if he may receive it2-11
only in the discretion of another person.2-12
Sec. 3. NRS 166.060 is hereby amended to read as follows: 166.060 1. Unless the writing2-14
expressly, this chapter2-15
and enforcement, in this state, of all spendthrift trusts2-16
2-17
2-18
(a) All or part of the land, rents, issues or profits affected are in this2-19
state;2-20
(b)2-21
dividends upon stock and other produce thereof, affected, are in this state;2-22
2-23
(c) The declared domicile of the creator of a spendthrift trust affecting2-24
2-25
(d) At least one trustee qualified under subsection 2 has powers that2-26
include maintaining records and preparing income tax returns for the2-27
trust, and all or part of the administration of the trust is performed in this2-28
state.2-29
2. If the settlor is a beneficiary of the trust, at least one trustee of a2-30
spendthrift trust must be:2-31
(a) A natural person who resides and has his domicile in this state;2-32
(b) A trust company that:2-33
(1) Is organized under federal law or under the laws of this state or2-34
another state; and2-35
(2) Maintains an office in this state for the transaction of business;2-36
or2-37
(c) A bank that:2-38
(1) Is organized under federal law or under the laws of this state or2-39
another state;2-40
(2) Maintains an office in this state for the transaction of business;2-41
and2-42
(3) Possesses and exercises trust powers.3-1
3. Except as3-2
3-3
enforcement, outside of this state, of all spendthrift trusts created in this3-4
state, except so far as prohibited by valid laws of other states. Unless the3-5
writing3-6
deemed to be made in the light of this chapter and all other acts relating to3-7
spendthrift trusts enacted in this state.3-8
Sec. 4. NRS 166.140 is hereby amended to read as follows: 166.140 A spendthrift trust3-10
than3-11
3-12
under NRS 111.103 to 111.1039, inclusive. The free alienation of the legal3-13
estate by the trustee3-14
the limit prescribed in any constitutional or statutory prohibition against3-15
perpetuities existing in this state or in the state where the lands affected by3-16
the trust are situate ,3-17
a prior remainder in fee, to take effect3-18
whom the first remainder is limited die under the age of 21 years, or upon3-19
any other contingency by which the estate of3-20
determined before they attain3-21
Sec. 5. NRS 11.190 is hereby amended to read as follows: 11.190 Except as otherwise provided in NRS 125B.050 and 217.007,3-23
actions other than those for the recovery of real property, unless further3-24
limited by specific statute, may only be commenced as follows:3-25
1. Within 6 years:3-26
(a) An action upon a judgment or decree of any court of the United3-27
States, or of any state or territory within the United States, or the renewal3-28
thereof.3-29
(b) An action upon a contract, obligation or liability founded upon an3-30
instrument in writing, except those mentioned in the preceding sections of3-31
this chapter.3-32
2. Within 4 years:3-33
(a) An action on an open account for goods, wares and merchandise sold3-34
and delivered.3-35
(b) An action for any article charged on an account in a store.3-36
(c) An action upon a contract, obligation or liability not founded upon3-37
an instrument in writing.3-38
3. Within 3 years:3-39
(a) An action upon a liability created by statute, other than a penalty or3-40
forfeiture.3-41
(b) An action for waste or trespass of real property, but when the waste3-42
or trespass is committed by means of underground works upon any mining4-1
claim, the cause of action shall be deemed to accrue upon the discovery by4-2
the aggrieved party of the facts constituting the waste or trespass.4-3
(c) An action for taking, detaining or injuring personal property,4-4
including actions for specific recovery thereof, but in all cases where the4-5
subject of the action is a domestic animal usually included in the term4-6
"livestock," which has a recorded mark or brand upon it at the time of its4-7
loss, and which strays or is stolen from the true owner without his fault, the4-8
statute does not begin to run against an action for the recovery of the4-9
animal until the owner has actual knowledge of such facts as would put a4-10
reasonable person upon inquiry as to the possession thereof by the4-11
defendant.4-12
(d) Except as otherwise provided in NRS 112.2304-13
this act, an action for relief on the ground of fraud or mistake, but the cause4-14
of action in such a case shall be deemed to accrue upon the discovery by4-15
the aggrieved party of the facts constituting the fraud or mistake.4-16
(e) An action pursuant to NRS 40.750 for damages sustained by a4-17
financial institution because of its reliance on certain fraudulent conduct of4-18
a borrower, but the cause of action in such a case shall be deemed to accrue4-19
upon the discovery by the financial institution of the facts constituting the4-20
concealment or false statement.4-21
4. Within 2 years:4-22
(a) An action against a sheriff, coroner or constable upon liability4-23
incurred by acting in his official capacity and in virtue of his office, or by4-24
the omission of an official duty, including the nonpayment of money4-25
collected upon an execution.4-26
(b) An action upon a statute for a penalty or forfeiture, where the action4-27
is given to a person or the state, or both, except when the statute imposing4-28
it prescribes a different limitation.4-29
(c) An action for libel, slander, assault, battery, false imprisonment or4-30
seduction.4-31
(d) An action against a sheriff or other officer for the escape of a4-32
prisoner arrested or imprisoned on civil process.4-33
(e) Except as otherwise provided in NRS 11.215, an action to recover4-34
damages for injuries to a person or for the death of a person caused by the4-35
wrongful act or neglect of another. The provisions of this paragraph4-36
relating to an action to recover damages for injuries to a person apply only4-37
to causes of action which accrue after March 20, 1951.4-38
5. Within 1 year:4-39
(a) An action against an officer, or officer de facto to recover goods,4-40
wares, merchandise or other property seized by the officer in his official4-41
capacity, as tax collector, or to recover the price or value of goods, wares,4-42
merchandise or other personal property so seized, or for damages for the4-43
seizure, detention or sale of, or injury to, goods, wares, merchandise or5-1
other personal property seized, or for damages done to any person or5-2
property in making the seizure.5-3
(b) An action against an officer, or officer de facto for money paid to the5-4
officer under protest, or seized by the officer in his official capacity, as a5-5
collector of taxes, and which, it is claimed, ought to be refunded.5-6
Sec. 6. NRS 112.230 is hereby amended to read as follows: 112.2305-8
claim for relief with respect to a fraudulent transfer or obligation under this5-9
chapter is extinguished unless action is brought:5-10
1. Under paragraph (a) of subsection 1 of NRS 112.180, within 4 years5-11
after the transfer was made or the obligation was incurred or, if later, within5-12
1 year after the transfer or obligation was or could reasonably have been5-13
discovered by the claimant;5-14
2. Under paragraph (b) of subsection 1 of NRS 112.180 or subsection5-15
1 of NRS 112.190, within 4 years after the transfer was made or the5-16
obligation was incurred; or5-17
3. Under subsection 2 of NRS 112.190, within 1 year after the transfer5-18
was made or the obligation was incurred.~