NRS 163.117
Ex parte order restraining trustee from taking certain actions.


1.

On petition or ex parte application of a beneficiary or trustee, the court, with or without bond, may enter an ex parte order restraining a trustee from performing specified acts of administration, disbursement or distribution, or exercising any powers or discharging any duties of the office, or enter any other order to secure proper performance of the duties of the office to be effective until further order of the court. Notwithstanding any other provision of law, if it appears to the court that the trustee otherwise may take action that would jeopardize unreasonably the interest of the petitioner, another beneficiary or the trust, the court may enter the ex parte order. A person with whom the personal representative may transact business may be made a party to the ex parte order.

2.

An ex parte order entered pursuant to subsection 1 must be set for hearing within 10 days after entry of the ex parte order, unless the parties otherwise agree, or on a date the court otherwise determines is in the best interest of the trust.

3.

Notice of entry of the ex parte order entered pursuant to subsection 1 must be given by the petitioner or applicant to the trustee and the attorney of record of the trustee, if any, to any other party named as a party in the ex parte order and as otherwise directed by the court.

4.

The court may impose a fine on a beneficiary or trustee who obtains an ex parte order pursuant to this section without probable cause.

5.

The court may, at any time, terminate an ex parte order entered pursuant to subsection 1 on its own motion or upon petition of the trustee if it no longer appears to the court that the trustee otherwise may take action that would jeopardize unreasonably the interest of the petitioner, another beneficiary or the trust.

Source: Section 163.117 — Ex parte order restraining trustee from taking certain actions., https://www.­leg.­state.­nv.­us/NRS/NRS-163.­html#NRS163Sec117.

163.010
Short title.
163.020
Definitions.
163.023
Powers of trustee.
163.025
Combining or dividing certain trusts.
163.026
Giving name to or changing name of certain trusts.
163.027
Distribution of property or money of trust: Powers of trustee
163.030
Loan of money held in trust.
163.040
Corporate trustee may deposit with self certain money held in trust.
163.050
Trustee buying from or selling to self or affiliate.
163.060
Trustee selling from one trust to self as trustee of another trust.
163.070
Purchase by corporate trustee of its own stocks, bonds or other securities for trust prohibited unless specifically authorized.
163.080
Voting stock.
163.090
Holding stock in name of nominee.
163.100
Powers of trustee attached to office.
163.110
Powers of cotrustees: Exercisable by majority if more than two cotrustees
163.115
Removal of trustee
163.117
Ex parte order restraining trustee from taking certain actions.
163.120
Claims based on certain contracts or obligations: Assertion against trust
163.130
Exoneration or reimbursement of trustee for tort.
163.140
Commission of tort by trustee or predecessor: Prerequisites to suit and collection from trust property
163.145
Using power to appoint or distribute income to discharge own legal obligation prohibited.
163.150
Withdrawal from mingled money of multiple trusts.
163.160
Power of settlor
163.170
Power of beneficiary.
163.180
Power of court.
163.185
Power of court to order termination and distribution of trust before time provided in trust instrument.
163.187
Termination of trust when value of trust property insufficient to justify cost of administration.
163.190
Penalty for violation of certain provisions of chapter.
163.200
Uniformity of interpretation.
Last Updated

Feb. 5, 2021

§ 163.117’s source at nv​.us