Nevada Trust and Estate Divorce Attorney
Experienced Guidance for Trust and Estate Issues in Nevada Divorces
Whether advising clients proactively or litigating complex trust matters arising from divorce, we offer sophisticated counsel designed to protect generational wealth, clarify fiduciary roles, and ensure long-term estate objectives remain intact.
Key Areas of Concern in Nevada Divorces Involving Trusts and Estates
1. Characterization of Trust Assets
One of the first questions in any Nevada divorce involving trusts is whether the trust assets are part of the marital/community estate or the separate property of one spouse.
- How and when the trust was created—before or during the marriage—can significantly impact characterization.
- Commingling of assets, joint management, or shared use of trust property may convert separate property into community property.
- Our attorneys provide analysis and legal interpretation to determine how trust interests should be classified in a Nevada divorce.
2. Transfers and Funding of Trusts During Marriage
The transfer of marital property into or out of a trust—especially just prior to or during a Nevada divorce—can be scrutinized for fraud or improper intent.
We evaluate the legitimacy of intra-spousal transfers, including those to irrevocable trusts, and advise on potential claims of fraudulent conveyance under Nevada law.
3. Trust Modification or Decanting in Divorce
Nevada’s favorable trust laws allow for modification or decanting of irrevocable trusts in certain circumstances, including during divorce proceedings.
- Our firm frequently advises on trust reformation, including decanting strategies, to preserve or restructure trust interests during a Nevada divorce and after dissolution.
- Where litigation arises, we can seek judicial intervention to modify or clarify trust terms.
4. Trustee Powers and Control Considerations
Trustee appointments, powers of appointment, and discretionary authority can become contested during divorce proceedings involving trusts.
- We assess who holds true control over trust administration and how fiduciary duties are impacted by the marital dissolution.
- In contentious cases, our team may litigate or negotiate changes to trustee structures or the distribution framework.
5. Post-Divorce Estate Planning Updates
After a divorce, it is critical to ensure that estate planning documents reflect the new legal and financial reality under Nevada law.
Our attorneys help clients revise:
- Wills and revocable trusts
- Powers of attorney and health care directives
- Beneficiary designations for life insurance and retirement accounts
We also ensure that statutory revocation provisions under Nevada law (e.g., NRS 111.781) are properly applied and documented.
6. Litigation Risk and Fiduciary Disputes
Divorce frequently leads to contested trust matters and trust litigation, including:
- Allegations of undue influence, breach of fiduciary duty, or improper trust amendments
- Disputes between current and former spouses over trust distributions, valuations, or control
- Enforcement or defense of prenuptial/postnuptial agreements involving trusts
With a seasoned trust litigation team, Solomon Dwiggins Freer & Steadman is uniquely positioned to protect client interests when litigation becomes necessary.
Why Choose Solomon Dwiggins Freer & Steadman, LTD.
With deep roots in Nevada’s trust and estate legal community, our firm offers experienced representation as Nevada trust and estate divorce attorneys, including:
- Extensive experience in trust and estate litigation
- Expertise in Nevada’s progressive trust statutes, including decanting and directed trusts
- Strategic coordination with family law counsel in high-net-worth and complex divorce matters
- Proactive estate planning tailored to clients anticipating or navigating divorce
Whether you’re looking to protect trust assets before a divorce, assess your rights in a marital estate, or challenge a trust that disadvantages you during separation, our firm can help.
Contact a Nevada Trust and Estate Divorce Attorney Today
If you need assistance with trust and estate issues arising from divorce in Nevada, Solomon Dwiggins Freer & Steadman, Ltd. is here to help. Contact us for a consultation to discuss how we can assist you in protecting trust assets, addressing estate planning concerns, and navigating complex trust and fiduciary issues during and after divorce. Let our experienced attorneys help guide you through this important legal matter. Call us at (702) 853-5483 or fill out the form below for a consultation.