Nevada Revised Statutes
Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals
NRS 155.0975 - Exceptions to presumption that certain transfers are void.

The presumption established by NRS 155.097 does not apply:
1. To the spouse of the transferor.
2. To a transfer of property which is triggered by the transferor’s death if the transferee is an heir of the transferor and the combined value of all transfers received by that transferee is not greater than the share the transferee would be entitled to pursuant to chapter 134 of NRS if the testator had died intestate and the transferor’s estate included all nonprobate transfers which are triggered by the death of the transferor.
3. Except as otherwise provided in this subsection, if the court determines, upon clear and convincing evidence, that the transfer was not the product of fraud, duress or undue influence. The determination of the court pursuant to this subsection must not be based solely upon the testimony of a person described in subsection 2 of NRS 155.097.
4. If the transfer instrument is reviewed by an independent attorney who:
(a) Counsels the transferor about the nature and consequences of the intended transfer;
(b) Attempts to determine if the intended consequence is the result of fraud, duress or undue influence; and
(c) Signs and delivers to the transferor an original certificate of that review in substantially the following form:
CERTIFICATE OF INDEPENDENT REVIEW
I, .............................. (attorney’s name), have reviewed .............................. (name of transfer instrument) and have counseled my client, .............................. (name of client), on the nature and consequences of the transfer or transfers of property to .............................. (name of transferee) contained in the transfer instrument. I am disassociated from the interest of the transferee to the extent that I am in a position to advise my client independently, impartially and confidentially as to the consequences of the transfer. On the basis of this counsel, I conclude that the transfer or transfers of property in the transfer instrument that otherwise might be invalid pursuant to NRS 155.097 are valid because the transfer or transfers are not the product of fraud, duress or undue influence.
................................................................................
(Name of Attorney) (Date)
5. To a transferee that is:
(a) A federal, state or local public entity; or
(b) An entity that is recognized as exempt under section 501(c)(3) or 501(c)(19) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3) or 501(c)(19), or a trust holding an interest for such an entity but only to the extent of the interest of the entity or the interest of the trustee of the trust.
6. To a transfer of property if the fair market value of the property does not exceed $3,000. The exclusion provided by this subsection does not apply more than once in each calendar year to transfers made during the transferor’s lifetime. For the purposes of this subsection, regardless of the number of transfer instruments involved, the value of property transferred to a transferee pursuant to a transfer that is triggered by the transferor’s death must include the value of all property transferred to that transferee or for such transferee’s benefit after the transferor’s death.
(Added to NRS by 2011, 1460; A 2015, 3536)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals

NRS 155.005 - Enlargement.

NRS 155.010 - Method of giving notice; notice to certain persons required; court may dispense with notice; proof; waiver of notice.

NRS 155.020 - Method and form for notices.

NRS 155.030 - Request for special notice: Filing by interested person after issuance of letters; filing by interested person in testamentary trust; effect of substitution or withdrawal of counsel.

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 155.093 - Definitions.

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 155.0967 - Jurisdiction over assets of estate or trust of decedent; jurisdiction over certain persons; sanctions.

NRS 155.097 - Validity; circumstances in which transfer is presumed void; rebuttable presumption; exceptions.

NRS 155.0975 - Exceptions to presumption that certain transfers are void.

NRS 155.098 - Common law.

NRS 155.100 - Entry of minutes by clerk.

NRS 155.110 - Transcripts of minutes or copies of order and certificate of clerk have same force as letters.

NRS 155.120 - Recordation of order setting apart homestead.

NRS 155.123 - Temporary restraining orders or injunctions issued to protect assets of estate or trust.

NRS 155.127 - Order nunc pro tunc to correct previous order: Issuance; form; use of original order; manner of correction.

NRS 155.130 - Proceedings concerning estate are proceedings of record.

NRS 155.140 - General rules: Contents of pleading; effect of certain orders binding persons; notices; appointment of guardian ad litem or attorney; attorney’s fees and costs.

NRS 155.150 - Issues of fact and questions of costs.

NRS 155.160 - Responses and objections to proceedings.

NRS 155.165 - Finding of vexatious litigant; sanctions; standing of interested party and vexatious litigant under certain circumstances.

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.