1. A trustee of a unitrust may, in the trustee’s discretion, determine:
(a) The effective date of a conversion to a unitrust;
(b) The provisions for prorating a unitrust distribution for a beneficiary whose right to payments commences or ceases during a calendar year;
(c) The frequency of unitrust distributions during a calendar year;
(d) The effect of other payments from or contributions to the trust on the trust’s value;
(e) How frequently to value nonliquid assets and whether to estimate the value of nonliquid assets;
(f) Whether to omit from the calculations of the trust property occupied or possessed by a beneficiary; and
(g) Any other matters necessary for the proper functioning of the unitrust.
2. Expenses which would be deducted from income if the trust were not a unitrust may not be deducted from the unitrust distribution. Unless otherwise provided by the trust instrument, the unitrust distribution must be paid from income. To the extent income is insufficient to pay a distribution, the distribution must be paid from realized short-term capital gains. To the extent income and realized short-term capital gains are insufficient, the distribution must be paid from realized long-term capital gains. To the extent none of these funds are sufficient, the distribution must be paid from the principal of the trust.
(Added to NRS by 2009, 797)
Structure Nevada Revised Statutes
Chapter 164 - Administration of Trusts
NRS 164.030 - Petition for instructions: Notice; hearing; final order; appeal.
NRS 164.037 - Petitions: Notice and hearing.
NRS 164.043 - Expenses and compensation of trustees.
NRS 164.067 - Power to sell, convey or encumber.
NRS 164.080 - Establishment; investments; management.
NRS 164.100 - Uniformity of interpretation.
NRS 164.130 - Transfer by court to district court in this State or court outside Nevada.
NRS 164.400 - Presentation; effect; form.
NRS 164.430 - Reliance upon facts contained in certification; enforceability.
NRS 164.440 - Failure to demand certification not improper act; liability.
NRS 164.645 - "Charitable purpose" defined.
NRS 164.647 - "Endowment fund" defined.
NRS 164.650 - "Gift instrument" defined.
NRS 164.653 - "Institution" defined.
NRS 164.655 - "Institutional fund" defined.
NRS 164.657 - "Person" defined.
NRS 164.660 - "Program-related asset" defined.
NRS 164.663 - "Record" defined.
NRS 164.665 - Standard of conduct in managing and investing institutional fund.
NRS 164.670 - Delegation of management and investment functions.
NRS 164.673 - Release or modification of restrictions on management, investment or purpose.
NRS 164.675 - Reviewing compliance.
NRS 164.677 - Relation to Electronic Signatures in Global and National Commerce Act.
NRS 164.680 - Uniformity of application and construction.
NRS 164.715 - Acting in interest of beneficiaries.
NRS 164.720 - Trust having two or more beneficiaries; impartial administration of trust or estate.
NRS 164.750 - Diversification of investments.
NRS 164.760 - Incurring costs.
NRS 164.765 - Determination of compliance with prudent investor rule.
NRS 164.775 - Terms and language of trust which authorize certain investments or strategies.
NRS 164.797 - Administration of unitrust: Duties of trustee; valuation of assets of trust.
NRS 164.798 - Administration of unitrust: Powers of trustee; manner of distributions.
NRS 164.800 - Applicable rules after death of decedent or end of income interest in trust.
NRS 164.835 - Accounting separately for business or other activity.
NRS 164.840 - Allocation of assets, money, property and other receipts to principal.
NRS 164.870 - Allocation of receipts from liquidating assets to income and principal.
NRS 164.905 - Disbursements required to be made from principal.
NRS 164.915 - Transfer of amount from income to principal to make certain principal disbursements.
NRS 164.920 - Payment of taxes required to be paid by trustee.
NRS 164.960 - Applicability of NRS 111.781 to transfers of property made pursuant to trust.