{"data":{"id":"us-nv/nrs-163.4185","jurisdiction":"us-nv","citation":"NRS 163.4185","heading":"Classifications of distribution interests.","body":"1. A distribution interest may be classified as:\n(a) A mandatory interest if the trustee has no discretion to determine whether a distribution should be made, when a distribution should be made or the amount of the distribution.\n(b) A support interest if the trustee is mandatorily required to make distributions to the beneficiary upon the determination of the trustee that the distribution will satisfy a defined ascertainable standard set forth in the instrument and, upon such a determination, the trust instrument does not otherwise condition such distribution authority on the further discretion of the trustee.\n(c) A discretionary interest if the trustee has discretion to determine whether a distribution should be made, when a distribution should be made and the amount of the distribution.\n2. If a trust contains a combination of a mandatory interest, a support interest or a discretionary interest, the trust must be separated as:\n(a) A mandatory interest only to the extent of the mandatory language provided in the trust;\n(b) A support interest only to the extent of the support language provided in the trust; and\n(c) A discretionary interest for any remaining trust property.\n3. If a trust provides for a support interest that also includes mandatory language but the mandatory language is qualified by discretionary language, the support interest must be classified and separated as a discretionary interest.\n4. As used in this section, “ascertainable standard” means a standard relating to a person’s health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code, 26 U.S.C. § 2041(b)(1)(A) or 2514(c)(1), and any regulations of the United States Treasury promulgated thereunder.","path":["TITLE 13 — GUARDIANSHIPS; CONSERVATORSHIPS; TRUSTS","CHAPTER 163 - TRUSTS","CONTROL OF TRUSTS"],"source_url":"https://www.leg.state.nv.us/NRS/NRS-163.html#NRS163Sec4185","current_through":"2025 session (NRS as revised 2026-08-25)","vintage":"","retrieved_at":"2026-09-03T05:51:33Z","sha256":"67ce55c4c5a80c8e5dd0ef1add48b4774502a9362638035a90e57f5fb4bb1ef1","source_id":"us-nv","stale":true,"prev":"us-nv/nrs-163.418","next":"us-nv/nrs-163.4187"},"notice":"GroundRules: Original legal text. Not legal advice."}