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Nevada Real Estate Law Questions & Answers
1 Answer | Asked in Family Law, Divorce and Real Estate Law for Nevada on
Q: My ex wife purchased a house while we were still married. I was once told that I am entitled to part of the house.

Since NV is a common law state am I entitled to part of the house/equity? Even if a quick claim deed was signed?

If so how do we claim this?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Oct 26, 2022

Nevada does not recognize common law, but is a community property state. This means that anything that is acquired during the marriage, debts, properties and/or assets are subject to equitable division upon a divorce. Thus the house that was purchased during the marriage would have been subject... Read more »

1 Answer | Asked in Real Estate Law for Nevada on
Q: What happens when a lawyer writes up an agreement between two parties. An one party get her part of the agreement an

She don't follow thru with her part.her part is nevada an his part is florida

Anthony M. Avery
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Anthony M. Avery
answered on Sep 6, 2022

The aggrieved Party may want to file suit for Breach of Contract in the Jurisdiction where the Contract says, or where the breach occurred.

1 Answer | Asked in Real Estate Law for Nevada on
Q: My home was just feeds over to me quit claim and my mother was in a loan modification , do I need to qualify for this ?
Michael E. Smith Sr.
Michael E. Smith Sr.
answered on May 13, 2022

Your question as written does not make sense. You might think it through and try again with more details. Otherwise, you could consult with a Nevada attorney.

1 Answer | Asked in Real Estate Law for Nevada on
Q: I need case law that its against Nevada state law to name two Nonprofit LLCs as Beneficiaries after being Revoked.

Case law to support my argument.

Michael E. Smith Sr.
Michael E. Smith Sr.
answered on May 13, 2022

There's not enough information here to understand and answer your question. You may want to add more details and resubmit your question, or contact a Nevada attorney for help.

1 Answer | Asked in Real Estate Law for Nevada on
Q: How do we change our owner financed home loan from a 5-year loan to a 30-year loan?

I purchased a home that my boss financed for me. I signed a promissory note for 5 years payment then balloon payment or get new financing. It is now due. We have reached an agreement that my boss will now do a 30year financing. How do we change the note from 5year to 30year? I know there will be a... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 3, 2022

Hire a competent NV attorney to draft a new Note and a Modification of the existing Deed of Trust. It is better for the mortgagee to keep the recording priority of his Deed of Trust as modified of record. But the old Note needs to be released.

1 Answer | Asked in Real Estate Law for Nevada on
Q: I am selling a property in Las Vegas NV that is titled in my name and has been since 2006 when a quit claim deed

executed and recorded at the county recorder and yet the title co want her to sign a document or provide the death certificate (my wife is deceased) & they are telling me quit claim i no good. Do they have the legal authority to demand this

Anthony M. Avery
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Anthony M. Avery
answered on Jan 26, 2022

The title company has no legal authority. Sell to someone else or hire a competent NV attorney to handle the conveyance. There are some very good NV lawyers here on Justia.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Nevada on
Q: Living in family owned home father died.

His wife trying to evict me. Can I stay this and compel the will be produced?How do I go about this? A general form to compell to produce the WILL and stay eviction.

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Nov 4, 2021

Your situation sounds like it may benefit from speaking to a probate attorney. unfortunately our firm doesn't handle these types of matters but I am certain you can get assistance from a probate attorney. wishing you the best.

1 Answer | Asked in Appeals / Appellate Law, Landlord - Tenant and Real Estate Law for Nevada on
Q: Summary eviction what to do next if a appeal is granted and summary of eviction is denied
Katie Marie Charleston
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Katie Marie Charleston
answered on Aug 10, 2021

You have 10 days to file an appeal of a summary eviction action in Nevada. I recommend retaining counsel to help you navigate the appeal and comply with time and procedural requirements.

1 Answer | Asked in Real Estate Law for Nevada on
Q: Would a large storage tank be considered real property or personal property?
Anthony M. Avery
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Anthony M. Avery
answered on Jun 3, 2021

If it is permanently affixed to the land or buried, then it is a fixture to the real property and thus real property. If it is designed to be moved or just sitting there, then it is personal property. There could be a separate UCC1 fixture filing on it also. This is a general statement of... Read more »

1 Answer | Asked in Real Estate Law for Nevada on
Q: Hello, I have a real estate contract question.

We made an offer to purchase a home and the offer was accepted. We then listed our present home for sale and it was accepted. Then we completed our inspections on the home we are purchasing and found to many defects. We are not going through with the purchase. Now we can't find a suitable home... Read more »

Michael Zamzow
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Michael Zamzow
answered on May 28, 2021

You'll need to contact a Nevada attorney directly regarding this, in particular you should contact an attorney before you offer to pay costs accrued.

2 Answers | Asked in Contracts, Probate and Real Estate Law for Nevada on
Q: I was in contract to purchase a house in probate. The house was sold to some one else in court. I had no representation.

I was told not to come to hearing unless i objected to the sale. I thought the house was to be sold to me so i didnt go. The house was sold to some one else. I had no representation at hearing to counter offer any offers at that time. I have signed contract, sent earnst money which was cashed then... Read more »

Kirk Kaplan
Kirk Kaplan
answered on May 16, 2021

The short answer to your question is: Likely not.

Sale of real property through the probate process subject to court confirmation is ALWAYS subject to overbid in the in-court auction. Your signed contract, despite the estate accepting your offer, is still considered an "offer"...
Read more »

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1 Answer | Asked in Real Estate Law and Estate Planning for Nevada on
Q: My father died with a will. He inherited land from my moms family. How do I separate my share from my nephews?

The land was not a part of the will. I do not want to have any financial connection to my nephew. I offered to buy him out, as he cant afford to pay the taxes on the land. He refused. I want to split the land so I can sell my portion back to my cousin who owns the land around my moms land and not... Read more »

Janice Jacovino
Janice Jacovino
answered on Mar 14, 2021

I am sorry for the loss of your father.

This question was posted in Nevada but it seems the land is in North Carolina. So Nevada law will probably not be as helpful. You may want to repost to North Carolina attorneys.

In Nevada you file in court to establish your rights to the...
Read more »

1 Answer | Asked in Real Estate Law for Nevada on
Q: We purchased a property in Nevada with another person how does the money get split when sold 2 on loan 3 people on the

Title

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 10, 2021

Unless there is an agreement amongst the three owners, there is no deal as all will not convey title. If there is a Partition Action, the Court will probably pay off the debt and expenses first, and then divide the proceeds three ways. The third party is probably a tenant in common on the... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for Nevada on
Q: How can I find out if Medicaid Estate Recovery will file a claim on family estate?

Nevada 1997: Grandma died testate. Her estate worth $6000. She willed it to my disabled mom who'd lived with her as caregiver for 3 yrs before Grandma went into nursing home. Grandma's attorney filed Order to Set Aside, adding that Medicaid Estate Recovery lien for $16k was... Read more »

Dara Joy Goldsmith
Dara Joy Goldsmith
answered on Mar 4, 2021

Before filing you could call MERS and inquire if either your grandmother or mother owe MERS money. You would need to then file 2 Petitions for Set Aside, assuming MERS is not owed money or you are going to pay MERS to the property. MERS needs to be noticed in both your grandmother's and... Read more »

2 Answers | Asked in Real Estate Law and Probate for Nevada on
Q: My husbands father passed here in Nevada. Will states 50/50 between he and his sister. She refuses to uphold the will.

His assets are a house worth near $300,000 and a car that are solely in his name. However, his sister is in possession of and claims he bought for her. Is my husband entitled to half of these assets? Will this have to be settled in probate court? Is there any instance she would be awarded... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Feb 14, 2021

You need to hire a Nevada probate attorney to help you probate your father’s estate according to his will. It sounds like that process hasn’t even begun. If it has begun, then you need to hire a probate attorney to protect your rights.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Nevada on
Q: What are the rights of a heir(s) in a probate legal matter? Aunt has been trying to get us to waive our rights why?

My mother passed away in 2007. My grandfather recently passed away and my brother and I were told by our aunt and uncle that we were removed from his will because our mother died however his home went into probate. She has been trying so hard to get my brother and I to sign waivers and we are not... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jan 17, 2021

This question cannot be answered without more information. Do yourself a huge favor and schedule a consultation with a probate attorney in the vicinity of where the probate is taking place. Do not delay. There are important deadlines that you do not want to miss.

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1 Answer | Asked in Divorce, Land Use & Zoning and Real Estate Law for Nevada on
Q: My mom and dad are divorced but still own land together in AZ. He is backing out of a verbal agreement, what can she do?

My mom and dad are divorced but still own land together in AZ. He is backing out of a verbal agreement, that they would put the land in mine and my sibling's name. There was no written contract or clause in their divorce about this land. Now he is stating that he only agreed to give my brother... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 10, 2020

Unless there is some contract, she cannot force him to convey out. Examine the divorce decree carefully. In all likelihood the Mother's only recourse is to file an action for Partition. But even that does not put anything in your name as basically you have no legal standing.

1 Answer | Asked in Real Estate Law and Small Claims for Nevada on
Q: I bought a mobile home from an individual That was parked in a mobile home park and a few weeks after I bought it

It was auctioned off because they owed back space rent can I press fraud charges on them in Nevada

Janice Jacovino
Janice Jacovino
answered on Nov 18, 2020

For fraud or any other suit against the seller it will depend on your contract or agreement.

If you do not have a written contract or agreement then you can still file a case but it becomes a he said/ she argument that can be hard to prove.

To file a suit against someone you need to...
Read more »

1 Answer | Asked in Real Estate Law for Nevada on
Q: My mom quitclaimed her fully paid house to me a year ago and has just passed away. Can my brother come after the home?

My mom quitclaimed her fully paid house to me a year ago and has just passed away yesterday. I have a brother who my mom has no communication with trying to step in on the property. Does he have a chance?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 26, 2020

Hire a competent attorney to perform a title search. He should be able to tell you what estate you have, and whether your Mother's creditors or heirs might be able to reach her real property. Hopefully your Quit Claim Deed says what you think. If so, he will not be able to eject you.

1 Answer | Asked in Real Estate Law for Nevada on
Q: property was sold and a new property was not put in will is the will still valid and do the requests apply

if a new property was purchassed

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 11, 2020

Generally property that is not specifically devised or bequeathed in a Will is passed to the designated beneficiaries of the residuary clause of the Will. A testator's acquiring and conveying land or personal properties during his life does not void the previously made Will.

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