WHAT IS SITUS?

Understanding Situs & Why It Matters

A situs is a location, or a place where something exists in law, different locations or jurisdictions in the United States offer different considerations such as estate and fiduciary income taxes, creditor protection, privacy, and duration. Nevada is considered one of the most preferred jurisdictions in the United States.

You may wonder, “how can I use Nevada as a situs if I am not a resident of Nevada?” According to the Restatement (Second) of Conflicts of Laws § 268-270 (1971), state courts are to uphold a grantor’s selection of jurisdiction to govern a trust as long as the trust is valid under the law of the state selected. As long as the jurisdiction (Nevada) allows for it, your trust will be recognized as valid regardless of whether you live there.

We established ePIC Services Company in Nevada to elevate the client experience by providing the best trust experience possible. By using ePIC Services Company, your family planning succession solution, you will benefit from the advantages Nevada Law offers.

GET STARTED
Nevada Trust Laws
NEVADA ADVANTAGES

Why Nevada Law Should Be Applied

No State Income Tax

Nevada does not have have a state income tax, therefore does not tax income earned or capital gains realized in a Nevada trust.

Recognition of Independent Advisors

Nevada is one of few states that allow a grantor (you) to use “directed trust” laws to appoint a financial advisor to direct investment decisions even after the grantor’s death.

Recognition of Trust Protectors

Trust protectors can be granted authority to make decisions, including removing a trustee without cause.

Enhanced Asset Protection Laws

Nevada’s “spendthrift trust” law maximizes legal protection for assets held in an irrevocable Nevada trust. This may protect assets of the trust from potential civil claims.

User-Friendly Investment Standards

Nevada has enacted standardized trust investment laws, which allow for trusts to be invested and administered by the TIA more consistently.

Nevada Recognizes ESIGN Applications

According to the “Electronic Signatures in Global and National Commerce Act” (ESIGN), the effect of an “electronic signature” will be legally sufficient to acknowledge, authenticate, and validate electronic documents.

ASSET PROTECTION

Enhanced Asset Protection Laws

Explore Nevada trust provisions designed to support long-term estate planning and asset protection.

Decanting

Nevada has favorable decanting statutes – Decanting like a liquid, meaning you can pour over assets from an old trust into a new trust with more favorable terms. Nevada’s decanting statue allows for the modification of irrevocable trusts to address changes in trust laws.

Dynasty or Perpetual Trusts

Nevada statues permit trusts to last up to 365 years, which allows the generational transfer of wealth avoiding unnecessary estate, gift and generation-skipping transfer taxes

Nevada Asset Protection Trust (NAPT)

A Nevada Asset Protection Trust (NAPT) also known as a Self-Settled Spendthrift Trust is an irrevocable trust intended to protect your assets from creditors during your lifetime. When considering asset protection, Nevada is considered one of the best states for asset protection trusts. The NAPT may qualify the grantor/settlor as a permitted beneficiary of the trust, which can in turn affect the exclusion of the entire value of the trust from a potential civil claim by the grantor’s creditors in as few as two years after the assets are transferred into the trust.

ePIC Services Company
CHOOSE ePIC SERVICES COMPANY TO GIVE YOU PEACE OF MIND

Ready to Get Started With ePIC Services Company?

Choosing an estate planning company like ours means network of advisors, attorneys, tax planners and funding specialists will work with you to create a customized solution for your personal needs. Gain peace of mind that you have taken control of your legacy. We’ll help ensure that your assets have access to maximum judicial protections under a favorable jurisdiction, such as Nevada.

GET STARTED
Frequently Asked Questions

Nevada Trust Questions, Answered

Straight answers about Nevada trust law, taxes, asset protection and how families from any state can use it.

Why do people set up a trust under Nevada law?

Nevada combines no state income tax on trust income, trusts that can last up to 365 years, strong protection from creditors, and flexible tools to update a trust over time. Those tools include directed trusts, trust protectors and decanting. Together they make Nevada one of the most popular states for long-term family trusts.

Do I have to live in Nevada to have a Nevada trust?

No. A non-resident can use Nevada law when the trust names Nevada law and is administered in Nevada, usually with a Nevada trust company as trustee. For a Nevada asset protection trust where you are also a beneficiary, at least one trustee must be a Nevada resident, a qualified trust company or a qualified bank.

Does Nevada tax trust income?

No. Nevada has no state income tax on individuals, so a Nevada trust pays no Nevada fiduciary income tax. Federal income tax still applies, and another state may still tax the trust in some cases, for example when a trustee lives there or the income comes from there.

How long can a Nevada trust last?

Up to 365 years. Nevada law lets trust interests vest within 365 years, and the Nevada Supreme Court upheld that rule in 2015. This allows a dynasty trust to support many generations, and assets covered by the federal generation-skipping transfer tax exemption can stay outside estate tax at each generation.

What is a Nevada Asset Protection Trust?

It is an irrevocable trust that you can also benefit from, designed to protect assets from future creditors. A creditor generally has 2 years after a transfer to challenge it. A creditor whose claim already existed has the later of 2 years or 6 months after they discovered, or should have discovered, the transfer. The trust cannot be set up to hinder, delay or defraud known creditors, and federal bankruptcy law can reach some transfers made within 10 years.

Can a Nevada irrevocable trust be changed later?

Often, yes. Nevada's decanting law lets a trustee move assets from an existing trust into a new trust with updated terms, without court approval, for any trust governed by Nevada law. A trust protector can also be given power to modify terms or change where the trust is administered.

What is a directed trust?

A directed trust splits the trustee's job among specialists. An investment advisor directs the investments, a distribution advisor decides distributions, and the trustee handles administration and records. This lets a family keep working with their own financial advisor on investments while a trust company serves as trustee.

What is a trust protector?

A trust protector is an independent person or firm named in the trust with specific powers. These powers can include removing and replacing the trustee, updating the trust's terms, or moving the trust to another state. It gives a long-term trust a way to adapt as laws and family needs change.

Are Nevada trusts private?

Largely, yes. Assets in a funded trust pass without probate, so the trust's terms stay out of the public court record that a probated will creates. Nevada also allows a “silent trust,” which can limit what beneficiaries are told for a period, with a designated representative acting for them.

Can I move an existing trust to Nevada?

Often, yes. Depending on the trust's terms and the law of its current state, a trust can be moved by changing its place of administration, through a trust protector, by decanting, or with a nonjudicial settlement agreement. A qualified attorney should review the trust first.

ePIC Services Company, Inc. is not a law firm and does not provide legal or tax advice. Talk with a qualified attorney or tax professional about your situation.