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Nevada Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Legal Malpractice for Nevada on
Q: Probate lawyer told me the order granting me to sell my mother's house has not been granted yet. But is was , 2-3 weeks

Earlier buyer cancels due to not being able to give closing date. Due to lawyer. Lost 85,000 on next buyer. What can I do?

John Michael Frick
John Michael Frick
answered on Apr 3, 2023

This may or may not be the lawyer's fault.

There are judges who promptly sign orders that have been submitted, and other judges who don't. In the latter case, I've experienced judges who haven't signed routine unopposed or agreed orders for months.

1 Answer | Asked in Real Estate Law and Legal Malpractice for Nevada on
Q: Probate lawyer told me the order granting me to sell my mother's house has not been granted yet. But is was , 2-3 weeks

Earlier buyer cancels due to not being able to give closing date. Due to lawyer. Lost 85,000 on next buyer. What can I do?

Joel Gary Selik
Joel Gary Selik
answered on Apr 3, 2023

You might have a legal malpractice case.

If the attorney did something wrong--if the attorney acted below the standard of care, and that malpractice caused you to lose money, you may have a lawsuit for those financial losses.

Consult with experienced legal malpractice attorneys in your state.

1 Answer | Asked in Real Estate Law for Nevada on
Q: Can a county refuse a noterized quit claim deed

i was told it has the required. it was noterized with an online notery its legal but the county refused it due to the date being to small

Anthony M. Avery
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answered on Feb 8, 2023

You will probably need to draft and execute a correction deed.

1 Answer | Asked in Real Estate Law for Nevada on
Q: I am joint owner of 3 properties in Nevada . One of the owners has passed properties are now owned by myself & ½ sister

I would like to force the sale of all properties . I live in Oregon

Anthony M. Avery
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answered on Feb 1, 2023

Hire an attorney in NV to file a suit for a Sale For Partition. You might call some of the attorneys here on Justia, who appear to be competent.

1 Answer | Asked in Family Law, Real Estate Law, Probate and Estate Planning for Nevada on
Q: I'm only child father passed away June 2022 he was unmarried has property in Nevada who has control over the house?

Relatives are living there rent free because of health issues. I want to store my dad's belongings there and they are telling me there is no room. I've heard my uncle is going to try and get it. What can I do or where do I start? There is no will. Do I have any authority at all? Please help

Delwyn E. Webber
Delwyn E. Webber
answered on Jan 3, 2023

Firstly, sorry for your loss.

Based upon what you have said, the house and dad's other assets will become yours as an only child, however the assets will most likely have to go through probate to become yours. You should consult with an attorney soon regarding opening a probate action...
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1 Answer | Asked in Real Estate Law, Probate and Estate Planning for Nevada on
Q: Dad passed away in June 2022 has property in Carson city nv unmarried and I am only child. Had no will. Who has control

Aunt and uncle live there rent free because of health issues. I've heard my uncle wants to take it over. Where do I Start?

Any advise would be appreciated.

Anthony M. Avery
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answered on Jan 1, 2023

You probably own it as the sole heir. Hire an attorney to search the title, determine heirship, and possibly evict the relatives. If only a tenant in common, then partition may be in order.

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... View 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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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... View More

Anthony M. Avery
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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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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
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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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... View 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... View More

Michael Zamzow
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... View 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"...
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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... View 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...
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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
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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... View 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... View 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... View More

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