1. If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the surviving spouse with sufficient income from or use of the trust assets, and if the amounts that the trustee transfers from principal to income under NRS 164.795 and distributes to the spouse from principal pursuant to the terms of the trust are insufficient to provide the spouse with the beneficial enjoyment required to obtain the marital deduction, the spouse may require the trustee to make property productive of income, convert property within a reasonable time, or exercise the power conferred by subsection 1 of NRS 164.795. The trustee may decide which action or combination of actions to take.
2. In cases not governed by subsection 1, proceeds from the sale or other disposition of an asset are principal without regard to the amount of income the asset produces during any accounting period.
(Added to NRS by 2003, 1978)
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.