111.1033 - When nonvested property interest or power of appointment created. - Nevada Statutes

111.1033  When nonvested property interest or power of appointment created.

      1.  Except as provided in subsections 2 and 3 and in subsection 1 of NRS 111.1039, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.

      2.  For purposes of NRS 111.103 to 111.1039, inclusive, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of:

      (a) A nonvested property interest; or

      (b) A property interest subject to a power of appointment described in subsection 2 or 3 of NRS 111.1031,

Ê the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. For purposes of NRS 111.103 to 111.1039, inclusive, a joint power with respect to community property held by persons married to each other is a power exercisable by one person alone.

      3.  For purposes of NRS 111.103 to 111.1039, inclusive, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.

      (Added to NRS by 1987, 63)