1. Regardless of when a transfer instrument is made, to the extent the court finds that a transfer was the product of fraud, duress or undue influence, the transfer is void and each transferee who is found responsible for the fraud, duress or undue influence shall bear the costs of the proceedings, including, without limitation, reasonable attorney’s fees.
2. Except as otherwise provided in subsection 4 and NRS 155.0975, a transfer is presumed to be void if the transfer is to a transferee who is:
(a) The person who drafted the transfer instrument;
(b) A caregiver of the transferor who is a dependent adult;
(c) A person who materially participated in formulating the dispositive provisions of the transfer instrument or paid for the drafting of the transfer instrument; or
(d) A person who is related to, affiliated with or subordinate to any person described in paragraph (a), (b) or (c).
3. The presumption created by this section is a presumption concerning the burden of proof and may be rebutted by proving, by clear and convincing evidence that the donative transfer was not the product of fraud, duress or undue influence.
4. The provisions of subsection 2 do not apply to a transfer instrument that is intended to effectuate a transfer:
(a) After the transferor’s death, unless the transfer instrument is made on or after October 1, 2011; or
(b) During the transferor’s lifetime, unless the transfer instrument is made on or after October 1, 2015.
(Added to NRS by 2011, 1460; A 2015, 3536)
Structure Nevada Revised Statutes
Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals
NRS 155.020 - Method and form for notices.
NRS 155.040 - Personal notice by citation.
NRS 155.050 - Service of citation.
NRS 155.060 - Time for service of citation.
NRS 155.070 - Number of publications; extension or shortening of time.
NRS 155.080 - Methods of proving publication or service of notice.
NRS 155.090 - Clerk may give notices and certain citations without court order.
NRS 155.0935 - "Caregiver" defined.
NRS 155.0937 - "Dependent adult" defined.
NRS 155.0939 - "Health and social services" defined.
NRS 155.094 - "Independent attorney" defined.
NRS 155.0945 - "Related to, affiliated with or subordinate to any person" defined.
NRS 155.0955 - "Transfer instrument" defined.
NRS 155.096 - "Transferee" defined.
NRS 155.0965 - "Transferor" defined.
NRS 155.0975 - Exceptions to presumption that certain transfers are void.
NRS 155.100 - Entry of minutes by clerk.
NRS 155.120 - Recordation of order setting apart homestead.
NRS 155.130 - Proceedings concerning estate are proceedings of record.
NRS 155.150 - Issues of fact and questions of costs.
NRS 155.160 - Responses and objections to proceedings.
NRS 155.170 - Civil procedure.
NRS 155.180 - Applicability of laws and rules regulating civil actions and appeals.
NRS 155.185 - Facsimile of petitions, notices, objections and other papers may be filed.
NRS 155.190 - Appealable orders.
NRS 155.195 - Effect of appeal of order.
NRS 155.200 - No undertaking on appeal required of personal representative.
NRS 155.210 - Power of appellate court on appeal.
NRS 155.220 - Reversal of order appointing personal representative.