Nevada Revised Statutes 165.141 – Written demand for account by beneficiary: Acceptance or rejection of demand by trustee; limitations on right to demand account
A beneficiary who has not otherwise been provided with an account pursuant to this chapter may send a written demand for an account to the trustee in accordance with the following procedure:
Terms Used In Nevada Revised Statutes 165.141
- Account: means a report of the financial condition of the trust estate prepared by a trustee which:
(1) Must include the information set forth in Nevada Revised Statutes 165.020
- Accounting period: means the period for which the trustee is accounting and, except as otherwise provided in this chapter, commencing with the first day following the previous accounting period and ending on the date specified by the trustee or on the date specified by the court if the account is ordered by the court. See Nevada Revised Statutes 165.020
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Trustee: A person or institution holding and administering property in trust.
- Trustee: includes a nontestamentary trustee, a testamentary trustee and a corporate trustee, as well as a natural person. See Nevada Revised Statutes 165.020
1. The demand on the trustee must be sent to the trustee or to the trustee’s attorney of record and the demand must include, without limitation:
(a) The identity of the demanding beneficiary, including the beneficiary’s mailing address or the address of the beneficiary’s attorney;
(b) The accounting period for which an account is demanded; and
(c) The nature and extent of the account demanded and the legal basis for the demand.
2. Within 14 days after the trustee has received a demand for an account from a beneficiary, the trustee shall notify the demanding beneficiary of the trustee’s acceptance or rejection of the demand or that the trustee intends to seek instructions from the court pursuant to subsection 2 of NRS 165.148 regarding the sufficiency of the demand or the right of the beneficiary to receive an account. The trustee shall:
(a) Provide an account within 60 days after receipt of the demand, unless that time is modified by consent of the beneficiary or by order of the court if the trustee accepts the beneficiary’s demand for an account;
(b) Set forth the grounds for rejecting the beneficiary’s demand for an account in the notice of rejection and inform the beneficiary that the beneficiary has 60 days in which to petition the court to review the rejection if the trustee rejects the beneficiary’s demand for an account; or
(c) File a petition with the court pursuant to NRS 164.015 seeking instructions from the court pursuant to subsection 2 of NRS 165.148 regarding the sufficiency of the demand or the right of the beneficiary to receive an account within 15 days after the receipt of the demand if the trustee intends to seek instructions from the court.
3. The demand by the beneficiary and the notice of the trustee’s action thereon must be delivered by first-class mail, personal delivery or commercial carrier. If delivery of the demand or of the notice is in dispute, proof of delivery may be established by a return receipt or other proof of delivery provided by the person making the delivery or by affidavit of the person who arranged for the delivery setting forth the delivery address, the method of delivery arranged for and the actions taken by that person to arrange for the delivery.
4. If the trustee fails to accept, reject or seek instructions concerning a beneficiary’s demand for an account as required by subsection 2, the beneficiary’s demand shall be deemed rejected.
5. A beneficiary is not entitled to demand an account pursuant to this section if the accounting period for which the demand is made is deemed final pursuant to subsection 4 of NRS 165.1214.