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Nevada Onshore Trust

NEVADA ONSHORE TRUST

The Nevada On-Shore Trust is a Self-Settled Spendthrift Trust that serves to protect an individual’s assets while capitalizing on the State of Nevada’s favorable legislation.

The Nevada On-Shore Trust is sometimes referred to as a Nevada Asset Protection Trust, a Nevada Domestic Asset Protection Trust or a Nevada Self-Settled Spendthrift Trust. In order to highlight the nature of the Nevada On-Shore Trust, it will be referred to by the descriptive name of Nevada Self-Settled Spendthrift Trust throughout this section.

In basic terms, “a trust is a legal relationship in which one person (trustee) holds [assets] for the benefit of another (beneficiary)”.[1] Generally, the person who creates the trust is known as the settlor (or grantor).

The three entities involved in a trust:

A spendthrift trust provides a way for individuals to secure their property to their family and loved-ones by shielding such property from creditors’ claims. Nevada law precludes a beneficiary’s creditors from accessing the assets of the trust contrary to the terms of the trust.

Once a spendthrift trust is created, a beneficiary’s interest in the income and principal of the trust, which has not yet been distributed to the beneficiary, is protected from the beneficiary’s creditors. It is only when trust income or principal is actually distributed by a trustee to the beneficiary that the beneficiary’s creditors may attempt to reach such property. However, trying to levy or attach these distributions of trust property often becomes cumbersome and prohibitively expensive for creditors.

[1] American Bar Association. (1999). The American Bar Association guide to wills and estates. American Bar Association

Practice Areas

Asset Protection

Estate Planning

Probate

Elder Law/Guardianships

Income Tax Planning

Charitable Planning

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Henderson, NV 89074

Phone: 702-433-4455
Fax: 702-451-1853
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Las Vegas, NV 89135

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Fax: 702-254-3330
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At the Las Vegas, NV Law Firm of Jeffrey Burr, we represent clients throughout Southern Nevada, including Overton, Logandale, Mountain's Edge, Henderson, Aliante, Boulder City, North Las Vegas, Mesquite, Pahrump, Summerlin, Southern Highlands, Green Valley, Laughlin, Clark County, Nye County and Lincoln County.