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Articles 1 - 13 of 13
Full-Text Articles in Law
In Re Fund For Encouragement Of Self Rel., 135 Nev. Adv. Op. 10 (Apr. 25, 2019), Skylar Arakawa-Pamphilon
In Re Fund For Encouragement Of Self Rel., 135 Nev. Adv. Op. 10 (Apr. 25, 2019), Skylar Arakawa-Pamphilon
Nevada Supreme Court Summaries
NRS § 163.556 does not permit a court to disregard trustees' objections and appoint half of a wholly charitable trust’s assets to a new trust when, pursuant to the trust instrument’s terms, all trustees must consent before distributing half of the trust’s assets.
Pascua V. Bayview Loan Servicing, Llc, 135 Nev. Adv. Op. 4 (Feb. 7, 2019), Scott Cooper
Pascua V. Bayview Loan Servicing, Llc, 135 Nev. Adv. Op. 4 (Feb. 7, 2019), Scott Cooper
Nevada Supreme Court Summaries
The Court determined that an individual who has been appointed special administrator of a decedent’s estate is entitled to participate in the Foreclosure Mediation Program if the property is the special administrator’s primary residence, and they retain an ownership interest through intestate succession laws.
In Re Connell Living Trust, 134 Nev. Adv. Op. 73 (Sep. 13, 2018) (En Banc), Pengxiang Tian
In Re Connell Living Trust, 134 Nev. Adv. Op. 73 (Sep. 13, 2018) (En Banc), Pengxiang Tian
Nevada Supreme Court Summaries
The Court determined that a no-contest clause in a trust does not foreclose a beneficiary’s interest if the beneficiary, acting as the trustee, breaches his or her fiduciary duty.
In Re Davis Family Heritage Trust, 133 Nev. Adv. Op. 26 (May 25, 2017)., Ping Chang
In Re Davis Family Heritage Trust, 133 Nev. Adv. Op. 26 (May 25, 2017)., Ping Chang
Nevada Supreme Court Summaries
No abstract provided.
Klabacka V. Nelson, 133 Nev. Adv. Op. 24 (May 25, 2017), Christopher Kelly
Klabacka V. Nelson, 133 Nev. Adv. Op. 24 (May 25, 2017), Christopher Kelly
Nevada Supreme Court Summaries
The Court determined that (1) family courts have subject matter jurisdiction in divorce proceedings that involve issues otherwise outside the scope of family courts, (2) parol evidence may not be considered to determine party intent to form separate property agreements and self-settled spendthrift trusts where the written agreements are valid and unambiguous, (3) a court order equalizing assets between different spendthrift trusts is improper because the NRS protects against court orders that move assets from trusts and against moves that do not benefit trust beneficiaries, (4) spendthrift trusts may not be reached for payment of personal obligations not known at …
In Re Connell Living Trust, 133 Nev. Adv. Op. 19 (May. 04, 2017), Marco Luna
In Re Connell Living Trust, 133 Nev. Adv. Op. 19 (May. 04, 2017), Marco Luna
Nevada Supreme Court Summaries
The Nevada Supreme Court affirmed the decision of the district court that found Appellant had breached her fiduciary duty when she withheld assets from entering a trust created for her children, the Respondents. The Court found that the mother had insufficient evidence to raise a genuine issue of material fact that she owned 100% of a trust created by her parents when her children were slated to receive 65% of said trust from their grandparents. The Court affirmed the lower court, ordered the assets be moved to the children's trust, and awarded them attorney's fees.
In Re Frei Irrevocable Trust, 133 Nev. Adv. Op. 8 (Mar. 2, 2017), Angela Lee
In Re Frei Irrevocable Trust, 133 Nev. Adv. Op. 8 (Mar. 2, 2017), Angela Lee
Nevada Supreme Court Summaries
The Nevada Supreme Court adopted the Restatement (Second) of Trusts SS 338 (Am. Law Inst. 1959). It held trusts are modifiable by a settlor and beneficiary as long as any non-consenting beneficiaries' interests are not prejudiced.
In Re Guardianship & Estate Of Echevarria, 132 Nev. Adv. Op. 45 (June 30, 2016), Paul George
In Re Guardianship & Estate Of Echevarria, 132 Nev. Adv. Op. 45 (June 30, 2016), Paul George
Nevada Supreme Court Summaries
Distribution of estate funds under NRS Chapter 159 or a court’s distribution order requires a district court finding identifying the source of the funds. A valid stipulation requires mutual assent either through the presence of all interested parties or a signed writing showing the assent of the party against whom the stipulation is offered.
Summary Of In Re Estate Of Murray, 131 Nev. Adv. Op. 8, Godinho M. Vincent
Summary Of In Re Estate Of Murray, 131 Nev. Adv. Op. 8, Godinho M. Vincent
Nevada Supreme Court Summaries
The Court determined NRS Chapter 126 (the Nevada Parentage Act) and not NRS Chapter 123 (Nevada’s probate laws) controls for parentage determinations of potential heirs, including determinations sought for probate matters.
Summary Of In Re Aboud Inter Vivos Trust, 129 Nev. Adv. Op. 97, Emily Anderson
Summary Of In Re Aboud Inter Vivos Trust, 129 Nev. Adv. Op. 97, Emily Anderson
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether NRS 164.010(1) and NRS 164.015(6) give the court in rem jurisdiction to impose a constructive trust on previous trust property; and (2) whether a district court may grant a monetary judgment against former trustees and third parties that was based on the district court’s in rem jurisdiction.
Summary Of In Re Estate Of Bethurem, 129 Nev. Adv. Op. 92, Erica C. Smit
Summary Of In Re Estate Of Bethurem, 129 Nev. Adv. Op. 92, Erica C. Smit
Nevada Supreme Court Summaries
The Court determined one issue: (1) whether, in the absence of a presumption of undue influence, a will contestant bears the burden of proving undue influence by a preponderance of the evidence.
Summary Of In Re Estate Of Melton, 128 Nev. Adv. Op. No. 4, Eric Carson
Summary Of In Re Estate Of Melton, 128 Nev. Adv. Op. No. 4, Eric Carson
Nevada Supreme Court Summaries
The Court considered an appeal from a district court order granting that, contrary to testator’s intent, the estate rightfully passed to testator’s heirs.
Summary Of In Re Orpheus Trust, 124 Nev. Adv. Op. No. 16, Tanya Gaylord
Summary Of In Re Orpheus Trust, 124 Nev. Adv. Op. No. 16, Tanya Gaylord
Nevada Supreme Court Summaries
Appeal from a district court order denying a special trustee’s proposed distribution adjustments in a trust administration matter.