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. A beneficiary is serving as a trustee.
- 2. The settlor or beneficiary holds unrestricted power to remove or replace a trustee.
- 3. 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. 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. The trustee is a business associate of the settlor or beneficiary.
(Added to NRS by 2009, 786)