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an agreement concerning any joint adventure, enterprise or venture.
11. A premarital, antenuptial or postnuptial agreement, a marriage contract or settlement or any other similar agreement, contract or settlement.
12. Any instrument that declares a homestead pursuant to chapter 115 of NRS.
13. Any other dispositive, appointive, nominative or declarative instrument.
(Added to NRS by 1999, 1349)
NRS 41B.100 “Interest” defined. “Interest” means:
1. Any interest, in whole or in part, in any property or estate, whether such interest is legal or equitable, present or future, or contingent or vested;
2. A right, power or privilege to appoint, consume, exercise, transfer or use any such interest; or
3. Any other right, power or privilege relating to any such interest.
(Added to NRS by 1999, 1350)
NRS 41B.110 “Interested person” defined. “Interested person” means:
1. A parent, spouse, child or sibling of a decedent;
2. A beneficiary or a person who would be a beneficiary if another person were found to be a killer of a decedent;
3. A person who serves in any fiduciary or representative capacity with respect to any property, interest or benefit that is in any way related to a decedent, his estate or a governing instrument or a person who would be entitled to serve in such a capacity if another person were found to be a killer of a decedent; or
4. A person who has a right to or claim against any property, interest or benefit that is in any way related to a decedent, his estate or a governing instrument or a person who would have such a right or claim if another person were found to be a killer of a decedent.
(Added to NRS by 1999, 1350)
NRS 41B.120 “Joint tenants with right of survivorship” defined. “Joint tenants with right of survivorship” means two or more persons who hold any property, interest or benefit under circumstances that entitle one or more of the persons to the whole of the property, interest or benefit on the death of one or more of the other persons.
(Added to NRS by 1999, 1350)
NRS 41B.130 “Killer” defined. “Killer” means a person who is deemed to be a killer of a decedent pursuant to NRS 41B.250 or 41B.260.
(Added to NRS by 1999, 1350)
NRS 41B.140 “Payor” defined. “Payor” means a person who is authorized or obligated by law or a governing instrument to pay or transfer any property, interest or benefit to another person.
(Added to NRS by 1999, 1350)
NRS 41B.150 “Person” defined. “Person” means any of the following:
1. A natural person.
2. Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization.
3. A government, a political subdivision of a government or an agency or instrumentality of a government or a political subdivision of a government.
(Added to NRS by 1999, 1350)
NRS 41B.160 “Property” defined. “Property” means anything that may be the subject of ownership, including, without limitation, any real or personal property or any estate in such property.
(Added to NRS by 1999, 1351)
APPLICABILITY OF CHAPTER
NRS 41B.200 General rule; killer cannot profit or benefit from wrong; anti-lapse statute and right of representation; contingent, residuary and other beneficiaries; common law.
1. Notwithstanding any other provision of law, the provisions of this chapter apply to any appointment, nomination, power, right, property, interest or benefit that accrues or devolves to a killer of a decedent based upon the death of the decedent. If any such appointment, nomination, power, right, property, interest or benefit is not expressly covered by the provisions of this chapter, it must be treated in accordance with the principle that a killer cannot profit or benefit from his wrong.
2. The provisions of this chapter do not abrogate or limit the application of:
(a) The anti-lapse provisions of NRS 133.200 or the right of representation, as defined and applied in chapter 134 of NRS, with respect to a person who is not a killer of the decedent; or
(b) Any provision of a governing instrument that designates:
(1) A contingent or residuary beneficiary who is not a killer of the decedent; or
(2) Any other beneficiary who is not a killer of the decedent.
3. The provisions of this chapter do not abrogate or limit any principle or rule of the common law, unless the principle or rule is inconsistent with the provisions of this chapter.
(Added to NRS by 1999, 1351)
NRS 41B.210 Acts constituting felonious and intentional killing; insanity or diminished capacity. For the purposes of this chapter:
1. A killing is “felonious” if it is committed without legal excuse or justification.
2. A killing is “intentional” if it is caused by or occurs during the commission of any act which involves a degree of culpability that is greater than criminal negligence.
3. Insanity or diminished capacity shall be deemed not to be a legal excuse or justification and must not be considered in determining whether a killing is felonious or intentional.
(Added to NRS by 1999, 1351)
PROCEEDINGS
NRS 41B.250 Criminal action: Conclusive effect of judgment of conviction; admissibility of judgment of conviction in civil action.
1. If a court in this state or any other jurisdiction enters a judgment of conviction against a person in which the person is found to have been a culpable actor in the felonious and intentional killing of a decedent:
(a) The conviction conclusively establishes for the purposes of this chapter that the person feloniously and intentionally killed the decedent; and
(b) The person shall be deemed to be a killer of the decedent.
2. Notwithstanding the provisions of NRS 48.125 or 51.295 or any other provision of law, a judgment of conviction described in subsection 1, including, without limitation, a judgment of conviction based upon a plea of nolo contendere, is admissible in any civil action brought pursuant to the provisions of this chapter.
3. For the purposes of this section:
(a) A court in “any other jurisdiction” includes, without limitation, a tribal court or a court of the United States or the Armed Forces of the United States.
(b) A court “enters” a judgment of conviction against a person on the date on which guilt is admitted, adjudicated or found, whether or not:
(1) The court has imposed a sentence, a penalty or other sanction for the conviction; or
(2) The person has exercised any right to appeal the conviction.
(c) A killing in this state that constitutes murder of the first or second degree, as defined in NRS 200.010, 200.020 and 200.030, or voluntary manslaughter, as defined in NRS 200.040, 200.050 and 200.060, shall be deemed to be a felonious and intentional killing.
(Added to NRS by 1999, 1351)
NRS 41B.260 Civil action: Parties; burden of proof; evidence; stay of proceedings; limitation on time for commencement.
1. For the purposes of this chapter, an interested person may bring a civil action alleging that a person was a culpable actor in the felonious and intentional killing of a decedent. An interested person may bring such a civil action whether or not any person who is alleged to be a killer in the civil action or any other person is or has been, in a separate criminal action, charged with or convicted or acquitted of being:
(a) A culpable actor in the felonious and intentional killing of the decedent; or
(b) A culpable actor in any other offense arising out of the facts surrounding the killing of the decedent.
2. If an interested person brings a civil action pursuant to this section, the court shall determine,
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