Nevada § 164.021 - Notice by trustee to beneficiary concerning change of revocable trust to irrevocable trust; contents of notice; limitation of action to contest validity of trust; exceptions

§ 164.021. Notice by trustee to beneficiary concerning change of revocable trust to irrevocable trust; contents of notice; limitation of action to contest validity of trust; exceptions

1. When a revocable trust becomes irrevocable because of the death of a settlor or

by the express terms of the trust, the trustee may, after the trust becomes irrevocable,

provide notice to any beneficiary of the irrevocable trust, any heir of the settlor

or to any other interested person. 2. 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) The dispositive provisions of the trust instrument which pertain to the beneficiary,

a complete copy of the trust instrument or notice that the heir or interested person

is not a beneficiary under the trust; (d) Any information required to be included in the notice expressly provided by the

trust instrument; and (e) A statement set forth in a separate paragraph, in 12-point boldface type or an

equivalent type which states: “You may not bring an action to contest the trust more

than 120 days from the date this notice is provided to you.” 3. The trustee shall cause notice pursuant to this section to be provided in accordance

with the provisions of NRS 155.010 . 4. Except as otherwise provided in this subsection, no person upon whom notice is

provided pursuant to this section may bring an action to contest the validity of the

trust more than 120 days from the date the notice is served upon the person, unless

the person proves that he or she did not receive actual notice. A person upon whom notice is provided pursuant to this section may provide consent

in writing to a period of less than 120 days in which the person may bring an action

to contest the validity of the trust. 5. For the purposes of paragraph (c) of subsection 2, a copy of the trust instrument

shall be considered complete if it includes all amendments and restatements to the

trust instrument the trustee has determined to be in effect at the time of the death

of the settlor after the trustee has exercised due diligence. 6. A trustee is not liable in providing information pursuant to paragraph (c) of subsection

2 to any person whom the trustee has determined, after the exercise of due diligence,

to be a beneficiary, heir or interested person.