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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
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Is a will and estate with trusts created in Nevada subject

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Is a will and estate with trusts created in Nevada subject to Nevada Law or to the laws of the state the trustee lives in?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

To be clear, the testator of the will and trust was domiciled in Nevada at the time of his/her death?

Customer:

Both parents lived in Nevada for 50 years and died in Nevada. The attorney that created the wills and estate (with trusts) did so in Nevada. The trustee (brother) lives in Colorado.

ScottyMacEsq :

Do you happen to know whether the trust has any provision for a "choice of law", "domicile" or "situs"?

Customer:

pls define those for me

ScottyMacEsq :

They're all the same thing. Basically some trusts specifically state that the law that will be used is of a specific state. "Domicile" or "situs" are interchangeable terms that mean that the trust itself is located in a certain state.

ScottyMacEsq :

most of the time this domicile or situs is in the state where the testator lived at the time of his or her death, and at the time of the drafting of the will/trust. Generally the only time that the law of the state where the trustee lives would be used if the trust specifically had a provision that allowed for the change in a choice of law or a change in the domicile of the trust.

Customer:

I am afraid I do not have the answer to that yet - my father passed away in 2005 and my brother told me that he requested that I note see the documents - now that mother has died, I believe I can get access to all 90 days after death (July 20, 2013)

ScottyMacEsq :

So if the trust explicitly gives the trustee the option to change the domicile of the trust, then the trustee could do that.

Customer:

"not" (which was BS

Customer:

all right - ty very much

ScottyMacEsq :

If you are a beneficiary of the trust, you have a right to seek what is known as an "accounting" of the trust. You can demand this from your brother, and if he doesn't give it to you, you can go to the probate court to compel it.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

Customer:

Yes, I know that and I am a 50% beneficiary so will ask him at end of July for the information I seek.

ScottyMacEsq :

I do wish you the best of luck in your situation. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

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