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REVOCABLE LIVING TRUST AGREEMENT

(Nevada Revocable Inter Vivos Trust)


[// GUIDANCE: This template is drafted to comply with Nevada Revised Statutes (NRS) Ch. 163 and current best‐practice fiduciary standards. All bracketed items require attorney customization.*


TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Schedule A – Schedule of Trust Assets
Schedule B – Trustee Fee Schedule (Optional)
Schedule C – Successor Trustee Acceptance


I. DOCUMENT HEADER

  1. Parties
    1.1 Settlor: [NAME], of [Address], Social Security No. [•••-••-••••] (“Settlor”).
    1.2 Initial Trustee: [NAME], of [Address] (“Trustee”).
    1.3 Original Beneficiaries: [Primary Beneficiary(ies)] and any Additional Beneficiaries as defined herein.

  2. Recitals
    A. Settlor desires to create a revocable living trust pursuant to NRS Chapter 163 to hold, manage, and distribute property during Settlor’s lifetime and upon Settlor’s death.
    B. Trustee is willing to accept the trusteeship and to administer the Trust Estate in accordance with the terms of this Agreement.
    C. The parties intend this Agreement to be effective on the Effective Date and governed by Nevada law.

  3. Effective Date
    This Agreement is made and entered into as of [DATE] (“Effective Date”).

  4. Jurisdiction & Venue
    The Trust shall be governed by and construed in accordance with the laws of the State of Nevada and shall be subject to the supervision of the [NAME OF COUNTY] Probate Court (the “Probate Court”).


II. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below:

“Accountant” – A certified public accountant selected pursuant to Section V.3.

“Additional Beneficiary” – Any individual or entity identified by Settlor pursuant to Section III.6 or otherwise qualifying under Section III.7.

“Advisor” – Any Trust Protector, investment advisor, or distribution advisor appointed under Section V.4.

“Beneficiaries” – Collectively, the Original Beneficiaries and any Additional Beneficiaries.

“Code” – The Internal Revenue Code of 1986, as amended.

“Disability” – Settlor’s inability to manage property or financial affairs, determined under Section III.5.

“Effective Date” – As defined in Section I.3.

“Investment Standards” – The standards of prudent investment under the Nevada Prudent Investor Act, NRS 164.700–164.775.

“Probate Court” – As defined in Section I.4.

“Revocation Instrument” – A written instrument satisfying NRS 163.002(1) executed by Settlor that revokes or amends this Trust.

“Successor Trustee” – Any person or entity that becomes Trustee under Section III.4.

“Trust” – The revocable trust created by this Agreement.

“Trust Estate” – All property transferred to or acquired by the Trust, together with all reinvestments, proceeds, and accretions.

“Trustee” – The Initial Trustee and any Successor Trustee acting hereunder.


III. OPERATIVE PROVISIONS

  1. Creation of Trust & Funding
    1.1 Settlor hereby transfers, assigns, and delivers to Trustee the property described in Schedule A, to be held, administered, and distributed as part of the Trust Estate.
    1.2 Additional property may be transferred to the Trust at any time by Settlor or any third party, and shall become part of the Trust Estate upon acceptance by Trustee.

  2. Revocability & Amendment
    2.1 This Trust is revocable by Settlor. Settlor may revoke or amend this Trust, in whole or in part, by executing a Revocation Instrument delivered to Trustee during Settlor’s lifetime.
    2.2 Upon Settlor’s death, the Trust shall become irrevocable.

  3. Distributions During Settlor’s Lifetime
    3.1 During Settlor’s lifetime and while not Disabled, Trustee shall distribute to or for the benefit of Settlor so much of the net income and principal as Settlor may request.
    3.2 In the absence of a request, Trustee may in Trustee’s discretion distribute income or principal for Settlor’s health, education, support, or maintenance.

  4. Trusteeship
    4.1 Initial Trustee: [NAME].
    4.2 Successor Trustee: If the office of Trustee becomes vacant, [NAME], then [NAME], are nominated as Successor Trustees in the listed order.
    4.3 Appointment Method: Vacancies not filled by the foregoing nominations may be filled by majority vote of the adult Beneficiaries; failing such vote within 30 days, the Probate Court may appoint a Successor Trustee.
    4.4 Qualifications: No person under 18, incompetent, or a convicted felon may serve. Corporate trustees must be authorized to exercise trust powers in Nevada.
    4.5 Acceptance: Each Successor Trustee shall execute Schedule C acknowledging fiduciary duties and submitting to Nevada jurisdiction.

  5. Determination of Settlor’s Disability
    Disability shall be established by a written opinion of two licensed physicians or by a court of competent jurisdiction. During Disability, Trustee shall administer and distribute the Trust Estate for Settlor’s benefit as described in Section III.3.

  6. Distributions Upon Settlor’s Death
    6.1 Administrative Trust. Upon Settlor’s death, Trustee shall pay all legally enforceable debts, expenses of last illness and funeral, and estate taxes attributable to the Trust Estate.
    6.2 Residual Distribution. After completion of administration, Trustee shall distribute the remaining Trust Estate as follows:
    (a) [Percentage]% to [Beneficiary Name] outright or in trust under Section III.8;
    (b) [Percentage]% to [Beneficiary Name]; and
    (c) The balance to [Charitable Organization], subject to Section III.9.
    6.3 Alternative and contingent distributions shall follow the plan described in Schedule A-1 (attach if necessary).

  7. After-Acquired Beneficiaries
    Persons born to or legally adopted by Settlor after the Effective Date are deemed Beneficiaries unless expressly excluded by amendment.

  8. Spendthrift Provision
    Beneficiaries’ interests shall be held subject to a spendthrift trust under NRS 166.040; no Beneficiary may voluntarily or involuntarily alienate or encumber any interest before actual distribution.

  9. Asset Transfer Procedures
    9.1 Real Property: Conveyances of Nevada real estate shall be by warranty deed titled “[TRUST NAME], dated [DATE].” Trustee shall record each deed in the county where the property is located.
    9.2 Titled Personal Property: Motor vehicles shall be retitled in the name of the Trust with the Nevada DMV.
    9.3 Securities: Brokerage and bank accounts shall be registered in the Trust’s name via institution transfer-on-death or direct assignment forms.
    9.4 Digital Assets: Settlor grants Trustee authority under the Revised Uniform Fiduciary Access to Digital Assets Act (NRS Chapter 164, §§ 164.700–.925) to access digital assets and accounts.

  10. Termination
    The Trust shall terminate upon the final distribution of all Trust Estate.


IV. REPRESENTATIONS & WARRANTIES

  1. Settlor’s Capacity
    Settlor represents that Settlor is at least 18 years old, of sound mind, and under no constraint or undue influence.

  2. Trustee’s Authority
    Trustee represents that Trustee is legally competent and has full authority to accept the trusteeship and perform all fiduciary duties herein.

  3. No Conflict or Violation
    Execution of this Agreement does not violate any other agreement or court order binding on either party.

  4. Survival
    The representations and warranties in this Article IV survive the termination or revocation of the Trust.


V. COVENANTS & RESTRICTIONS

  1. Trustee’s Standard of Care
    Trustee shall administer the Trust in good faith, in accordance with its terms and the interests of the Beneficiaries, and shall comply with the prudent investor rule (NRS 164.700 et seq.).

  2. Accounting & Reporting
    Trustee shall provide an annual accounting to Settlor (or, after Settlor’s death, to adult Beneficiaries) within 90 days of each fiscal year-end.

  3. Tax & Regulatory Compliance
    Trustee shall prepare and file all tax returns required by law and shall remit taxes from Trust assets.

  4. Appointment of Advisors
    Trustee may appoint independent Advisors for investment, distribution, or tax matters, and may rely on their advice without liability, provided such reliance is in good faith.

  5. Notice of Material Events
    Trustee shall give written notice to Beneficiaries within 30 days of (i) any change in Trusteeship, (ii) any litigation involving the Trust Estate, or (iii) any substantial non-routine disposition of Trust assets.


VI. DEFAULT & REMEDIES

  1. Events of Default
    (a) Trustee’s breach of fiduciary duty;
    (b) Failure to provide required accountings within 90 days after written demand;
    (c) Misappropriation or self-dealing.

  2. Notice & Cure
    Beneficiaries must give written notice specifying the default. Trustee has 30 days to cure, unless the default is non-curable (e.g., misappropriation).

  3. Remedies
    (a) Removal of Trustee in accordance with Section III.4;
    (b) Surcharge against Trustee’s compensation;
    (c) Injunctive relief from the Probate Court to prevent further breaches;
    (d) Recovery of damages limited to Trust assets under Article VII.

  4. Attorneys’ Fees
    The prevailing party in any action to enforce this Trust shall be entitled to reasonable attorneys’ fees and costs payable from the Trust Estate, except for fees attributable to Trustee’s proven breach of duty, which shall be borne personally by Trustee.


VII. RISK ALLOCATION

  1. Indemnification of Trustee
    The Trustee and its agents are indemnified from the Trust Estate against any claim or liability arising from the proper administration of the Trust, except for acts of willful misconduct or gross negligence.

  2. Limitation of Liability
    Trustee’s liability to any person is limited to the value of the Trust Estate; Trustee shall not be personally liable beyond Trust assets.

  3. Insurance
    Trustee may purchase liability insurance with premiums payable from the Trust Estate.

  4. Force Majeure
    Trustee shall not be liable for losses caused by acts of God, war, terrorism, natural disaster, or other events beyond Trustee’s reasonable control.


VIII. DISPUTE RESOLUTION

  1. Governing Law
    This Agreement and all rights and obligations hereunder are governed by the laws of the State of Nevada, including its rules of construction for trusts.

  2. Forum Selection
    Exclusive jurisdiction and venue lie in the Probate Court of [COUNTY], Nevada, for all proceedings concerning the Trust.

  3. Arbitration (Optional)
    [OPTION 1 – INCLUDE] Any non-probate dispute arising under this Agreement shall be resolved by binding arbitration in [CITY], Nevada, under the Commercial Rules of the American Arbitration Association. Judgment may be entered by any court of competent jurisdiction.
    [OPTION 2 – OMIT] (Strike this paragraph if arbitration is not chosen.)

  4. Jury Waiver
    To the extent any matter is triable outside probate, the parties knowingly and voluntarily waive the right to trial by jury.

  5. Injunctive Relief
    Nothing herein restricts a party from seeking temporary, preliminary, or permanent injunctive relief from the Probate Court to enforce the terms of this Trust.


IX. GENERAL PROVISIONS

  1. Amendment & Revocation
    Only Settlor may amend or revoke this Trust during Settlor’s lifetime by executing a Revocation Instrument.

  2. Assignment
    Beneficiaries may not assign interests before distribution. Trustee may not delegate core fiduciary duties but may delegate investment functions consistent with NRS 164.785.

  3. Successors & Assigns
    This Agreement binds and benefits the parties and their permitted successors and assigns.

  4. Severability
    If any provision is invalid, the remaining provisions remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to effectuate the parties’ intent.

  5. Integration
    This Agreement, together with Schedules A–C, constitutes the entire agreement and supersedes all prior trusts created by Settlor unless expressly incorporated.

  6. Counterparts & Electronic Signature
    This Agreement may be executed in counterparts, each of which is deemed an original. Signatures delivered electronically (e.g., PDF or DocuSign) are effective.

  7. Headings
    Headings are for convenience only and do not affect interpretation.


X. EXECUTION BLOCK

IN WITNESS WHEREOF, Settlor and Trustee have executed this Revocable Living Trust Agreement as of the Effective Date.

SETTLOR:


[NAME], Settlor

Date: _________

TRUSTEE:


[NAME], Trustee

Date: _________


NOTARIZATION

State of Nevada
County of ____

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [Settlor] and [Trustee], known to me or proven on the basis of satisfactory evidence to be the persons whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.


Notary Public
My Commission Expires: ____


SCHEDULE A

Schedule of Trust Assets
[LIST PROPERTY: real estate legal descriptions, account numbers, personal property, digital assets, etc.]

SCHEDULE B (Optional)

Trustee Fee Schedule
[Insert fee structure or reference to applicable statute.]

SCHEDULE C

Successor Trustee Acceptance

I, ___, hereby accept appointment as Successor Trustee under the Revocable Living Trust Agreement dated _. I affirm that I am qualified under Section III.4, submit to Nevada jurisdiction, and agree to perform all fiduciary duties.


Signature & Date


[// GUIDANCE:
1. Review all bracketed items for client‐specific information.
2. Verify that successor trustee succession aligns with client objectives.
3. Consider separate pour-over will to fund assets not retitled prior to death.
4. File NV Certificate of Trust (NRS 164.410) when proof of trust existence is required without disclosing confidential provisions.
5. For married clients, consider incorporating community property provisions and survivor’s trust sub-trusts under NRS 123.220 et seq.
]

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