A nominee trust is a trust in which the trustee holds legal title to the trust property for the trust's beneficiaries, but the beneficiaries exercise the controlling powers, and the actions that the trustees may take on their own are very limited. Such trusts are a common device for holding title to real estate, and afford certain tax advantages. A nominee trust is not a trust in the strict classical sense, because of the trustee-beneficiary relationship. Despite a nominee trust's nontraditional relationship between trustee and beneficiary, such a trust must still adhere to the rule that no trust exists when the same individual is the sole settlor, sole trustee, and sole beneficiary. The trustees of a nominee trust act at the direction of the beneficiaries.
Nevada Nominee Trust
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FAQ
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.
Can a trustee withhold money from a beneficiary. Can trustees withhold assets from beneficiaries? Trustees are bound by the trust's terms and cannot unreasonably withhold a beneficiary's share, even amid disagreements.
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.
In a Nominee Trust the beneficiaries direct the trustee and may even serve as the trustee. Also, unlike an irrevocable trust, the beneficiaries of an NT may terminate the trust at any time and take full ownership of the trust property as tenants in common.
A Beneficiary Controlled Trust refers to a trust where the beneficiary may also be the controlling trustee. The beneficiary can be provided virtually the same control as he or she would have with outright ownership. For example, the beneficiary, as the controlling trustee, could make all investment decisions.
Privacy is one of the key benefits of a living trust Nevada. A will becomes public record when it goes through probate. A trust does not become public record. Your assets, beneficiaries, and the terms of the trust remain private.
The notice provided by the trustee must contain: (a) The identity of the settlor of the trust and the date of execution of the trust instrument; (b) The name, mailing address and telephone number of any trustee of the trust; (c) Any provision of the trust instrument which pertains to the beneficiary or notice that the ...
Should I Record My Trust? The Clark County, Nevada, Recorder's Office (which serves Las Vegas, Henderson, Boulder City, North Las Vegas, Mesquite among other towns) will accept your trust for filing if you want. It's your choice whether to record the trust or not.
