Nevada Code § 165.145

Providing confidential account; review of confidential account; order granting relief to beneficiary
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If,
while considering a petition filed pursuant to NRS 165.143 , the court finds that the
beneficiary is entitled to an account pursuant to this section and that the
trust instrument authorizes or directs the trustee not to provide the account,
the court shall, upon the beneficiarys request, compel the trustee to
confidentially provide an account in accordance with the following procedure:
1. If the beneficiary has not been
previously provided with a copy of the trust instrument, the court shall direct
the trustee to provide the court and each reviewer selected pursuant to
subsection 2 with a copy of the trust instrument, or such portions as the court
deems to be pertinent to the determination of the adequacy of the trustees
account and to the enforcement of the beneficiarys rights under the trust
instrument.
2. The court shall direct the account to
be provided confidentially to the court and to one or more reviewers selected
by the beneficiary. The court may direct that the account be filed with the
court clerk under seal or delivered to the court for in camera review. The
account provided must contain the information required by this section without
regard to any trust provision restricting the information to be provided to the
requesting beneficiary.
3. A reviewer must be either a certified
public accountant or an attorney.
4. Subject to the provisions of paragraph
(b) of subsection 5, the beneficiary requesting the account must pay for the
services of each reviewer. The expense of preparing the account must be paid as
an expense of the trust.
5. Each reviewer must agree that:
(a) The account provided must be reviewed
confidentially and must not be provided to the beneficiary except as otherwise
provided in paragraph (b) or in an order of the court; and
(b) The reviewers duty is to review the account
and to prepare a written report, which must be filed with the court clerk under
seal or submitted to the court for in camera review, informing the court if
there is anything that would indicate that the trust, as it affects the
beneficiarys interest, has not been or may not have been properly administered
or accounted for in accordance with applicable law, the trust instrument and
generally accepted accounting principles applicable to trusts. At the same time
a copy of the reviewers report is provided to the court, a copy of each
reviewers report must be delivered to the trustee or to the trustees attorney
of record.
6. The trustee may submit to the court and
to each reviewer an objection to the report of a reviewer within 10 days after
the trustee received the reviewers report. The trustee shall submit the
objections to the court and to each reviewer in the same manner as the trustee
provided the account. The court may consider each reviewers report and the
objections of the trustee with or without a hearing. If the court, after
considering the report of any reviewer and any objection submitted by the
trustee, finds that the trust, as it affects the beneficiarys interest, has
not been or may not have been properly administered or accounted for in
accordance with applicable law, the trust instrument and generally accepted
accounting principles applicable to trusts, in addition to any other relief
granted by the court pursuant to NRS 153.031 or 165.143 , the court shall enter an
order granting the relief necessary to protect the beneficiarys interests or
to allow the beneficiary to enforce his or her rights under the trust.
7. An order granting relief described in
subsection 6 may include one or more of the following:
(a) A directive to the trustee to provide the
beneficiary an account which complies with the provisions of NRS 165.135 , together with such additional
information as the beneficiary may require to properly enforce his or her
rights under the trust;
(b) A directive to the trustee to provide further
accounts required under this section without further court order;
(c) A directive to the trustee to provide the
court and each reviewer a more complete account or such additional information
as the court deems necessary to determine if the trust is being properly
administered in compliance with the trust instrument and applicable law;
(d) A directive to the trustee to take action to
remedy or mitigate the effects of any improper administration of the trust;
(e) A declaration relieving each reviewer from
any further obligation of confidentiality; and
(f) Any such additional relief as the court deems
proper to ensure the trustees compliance with the trust instrument and
applicable law and to allow enforcement of the beneficiarys rights.
8. If the beneficiary is granted any
relief by the court on the basis that the trust was not properly administered
or accounted for, the provisions of subsection 3 of NRS 153.031 apply with regard to the
reimbursement of costs incurred by the beneficiary.

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