Vancouver, WA asked in Civil Litigation, Estate Planning and Family Law for Nevada

Q: Can an unborn child be the sole inheritance of a residential home ?

And if the child is not born, can there be a provision for the property to go to the state ? Bypassing the Child's parents.

1 Lawyer Answer
Anthony M. Avery
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Answered

A: A very good attorney could draft such a future interest deed (contingent remainder; subject to an executory interest; etc.) which would not violate the Rule Against Perpetuities. Very few attorneys can draft an enforceable deed such as that, and no title companies. You will need to hire a NV attorney to listen to your desires, search the title, and draft the deed. As a practical matter, payment of property taxes will be a problem, as many interested parties will not feel the need. A good Trust with a Trustee might work better. But such deeds are possible.

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