Nevada is a leading jurisdiction for asset protection trusts (APTs) due to its strong legal framework and favorable laws. The state allows Domestic Asset Protection Trusts (DAPTs), which are designed to shield assets from creditors. Nevada’s asset protection laws are among the strongest in the U.S., making it particularly difficult for creditors to access assets placed in a properly structured trust. This makes Nevada a popular choice for individuals seeking to safeguard their wealth from lawsuits and other financial risks.
One of Nevada’s standout features is its short statute of limitations for fraudulent conveyance claims. Creditors typically have only two years from the date of transfer to challenge assets placed in a Nevada APT, or six months if they became aware of the transfer later. This shorter window provides faster and more secure protection for trust assets compared to most other states. Additionally, Nevada imposes no state income tax and offers strong privacy protections, ensuring trust details and assets remain confidential, further enhancing its appeal.
Nevada also provides significant flexibility for grantors, allowing them to retain some control over the trust while still benefiting from its protections. For example, a grantor can name themselves as a permissible beneficiary, enabling them to receive distributions without exposing the trust assets to creditors. Unlike many states, Nevada does not recognize “exception creditors” (e.g., claims for child support or alimony), ensuring assets in a Nevada APT are shielded from these types of claims as well. These combined benefits make Nevada a top choice for individuals looking to establish a secure and effective asset protection trust.