163.4177 - Factors which must not be considered exercising improper dominion or control over trust.
163.4177 Â Factors which must not be considered exercising improper dominion or control over trust. Â If a party asserts that a beneficiary or settlor is exercising improper dominion or control over a trust, the following factors, alone or in combination, must not be considered exercising improper dominion or control over a trust:
1. Â A beneficiary is serving as a trustee.
2. Â The settlor or beneficiary holds unrestricted power to remove or replace a trustee.
3. Â The settlor or beneficiary is a trust administrator, general partner of a partnership, manager of a limited-liability company, officer of a corporation or any other manager of any other type of entity and all or part of the trust property consists of an interest in the entity.
4. Â The trustee is a person related by blood, adoption or marriage to the settlor or beneficiary.
5.  The trustee is the settlor or beneficiary’s agent, accountant, attorney, financial adviser or friend.
6. Â The trustee is a business associate of the settlor or beneficiary.
(Added to NRS by 2009, 786)