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Toby Mathis
How to Form a Nevada Asset Protection Trust

In this episode, Toby Mathis, Esq. chats with fellow attorney John Anderson, Esq. of Anderson Business Advisors about the pros and cons of establishing trusts in Nevada. The discussion digs into Nevada trusts’ specific functions and benefits, including the “seasoning period” and the role of trustees. Toby and John explore how a third-party trustee can offer protection, methods for withdrawing funds, and the power of appointment in Nevada trusts. Additionally, they touch upon safeguarding your home with a trust, using a trust for essential expenses, and the potential risks of insolvency and bankruptcy. The conversation highlights the likelihood of lawsuits settling against a Nevada trust while acknowledging the absence of tax advantages.


  • Trusts – to revocable or irrevocable?
  • Advantages to setting up trusts in Nevada and South Dakota
  • The “seasoning” period
  • Trustees and their functions in these states
  • Protection through a third-party trustee
  • Filing taxes and withdrawing money – Nevada trusts
  • Power of appointment
  • Protecting your home with a Nevada trust
  • Using an asset protection trust to pay for essentials
  • Risks of voluntary insolvency and bankruptcy
  • Most lawsuits will choose to settle against a Nevada trust
  • Tax advantages – there aren’t many
  • Pro-rata vs. non-pro-rata
  • A high-profile divorce case with a Nevada trust, and the outcome
  • Not subject to the Corporate Transparency Act
  • Setting up a Nevada trust, statute of limitations


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Full Episode Transcript:

Toby:  Hey, guys. Toby Mathis here, and I’m joined by John Anderson of Anderson Business Advisors. Today, we’re going to dive into everything you want to know about Nevada Asset Protection Trusts and more importantly, how you can put one together. First off, hey, John, welcome.

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