1. Regardless of when a transfer instrument is made, to the extent the court finds that a transfer was the product of fraud, duress or undue influence, the transfer is void and each transferee who is found responsible for the fraud, duress or undue influence shall bear the costs of the proceedings, including, without limitation, reasonable attorney’s fees.
2. Except as otherwise provided in subsection 4 and NRS 155.0975, a transfer is presumed to be void if the transfer is to a transferee who is:
(a) The person who drafted the transfer instrument;
(b) A caregiver of the transferor who is a dependent adult;
(c) A person who materially participated in formulating the dispositive provisions of the transfer instrument or paid for the drafting of the transfer instrument; or
(d) A person who is related to, affiliated with or subordinate to any person described in paragraph (a), (b) or (c).
3. The presumption created by this section is a presumption concerning the burden of proof and may be rebutted by proving, by clear and convincing evidence that the donative transfer was not the product of fraud, duress or undue influence.
4. The provisions of subsection 2 do not apply to a transfer instrument that is intended to effectuate a transfer:
(a) After the transferor’s death, unless the transfer instrument is made on or after October 1, 2011; or
(b) During the transferor’s lifetime, unless the transfer instrument is made on or after October 1, 2015.
(Added to NRS by 2011, 1460; A 2015, 3536)