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Nevada Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Nevada on
Q: Can timeshare put a lien on my house ,what can we do Thx

My wife an I r retired living off SS and my pension,timeshare is paid in full but we can’t afford maintenance

Thx

Michael Hales
Michael Hales answered on Aug 19, 2020

It depends on the contract, but they almost never will even if it is an option for them. Rather, they'll foreclose and take the timeshare back into their inventory should you fall behind on maintenance fees. I recommend reaching out to the timeshare company and offering to deed or return the... Read more »

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
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.

1 Answer | Asked in Real Estate Law for Nevada on
Q: How can I compel a co-owner to sell jointly owned property? I inherited it in 2016, and is 50% in my trust.

Brother (co-owner) has lived there 7 years rent free, with no desire to sell. what are my options?

Vincent Gallo
Vincent Gallo answered on May 10, 2020

Responding from New York perspective, you would bring what is referred to as in action in partition. This would force the sale if you and The co-owner cannot come to terms.

1 Answer | Asked in Real Estate Law for Nevada on
Q: Do I need to use a lawyer to change our deed from Tenants in Common to Joint tenants? I like in Clark cty NV
Vincent Gallo
Vincent Gallo answered on Apr 27, 2020

Not if you know how to properly do it yourself.

1 Answer | Asked in Estate Planning and Real Estate Law for Nevada on
Q: What is the best form of deed to use to transfer real property to a trust?

My wife and I live in California and own two investment properties (single family homes) in Nevada. We recently set up a California Trust. We would like to transfer the Nevada properties to the trust. I have read from a variety of what appear to be reputable sources that use of a quitclaim deed... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 17, 2020

Another important consideration is whether or not you have title insurance on those properties. My best advice would be for you to take your existing deeds and your title insurance policies to a real estate attorney for review and to prepare the deed into your trust. Another really good option... Read more »

1 Answer | Asked in Civil Rights, Construction Law, Consumer Law and Real Estate Law for Nevada on
Q: Is having no hot water in the house for 5 days and a two year old in the house with me considered as an emergency?

Home owners insurance company stated that it is not an emergency to have no running hot water for five days and a two year old in the house. That because it's a plumbing issue even though in they're policy it states otherwise.

Tim Akpinar
Tim Akpinar answered on Jan 5, 2020

I'm sorry for your ordeal with a baby in the house. You could review the policy with a Nevada attorney, but if it is similar to most homeowner policies, the circumstances you describe might not be covered. Every policy is different and without seeing your policy, it's difficult to guess... Read more »

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Civil Litigation for Nevada on
Q: Can I be held responsible for damage to my neighbors unit?

I live in a Common Interest Community; and have been accused of putting materials [such a paint, drywall, construction materials, etc...] down the drain. There was damage to their bathroom with this stuff coming up out of their drain. The plumbing is shared between mine and the neighboring unit. I... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 20, 2019

I'm sorry for your difficult situation. You could ask to see the report and conclusions of the plumber whose determination is used to establish liability. If those findings are against you, you could consider the option of contacting a plumber of your own for a second opinion. If some sort of... Read more »

1 Answer | Asked in Bankruptcy and Real Estate Law for Nevada on
Q: one of the judge mental I filed one 5 years ago put a lien on my house I bought two years ago. How do I get rid of it?

I purchased my home 2 years ago. I filed chapter 7 5 years ago. One of the judgements I filed on has put a lien on my home I purchased years after my bankruptcy and now it’s holding up the sale of my house. How do I get rid of it?

Timothy Denison
Timothy Denison answered on Nov 23, 2019

Provide the judgment creditor proof that the debt was discharged in bankruptcy.

1 Answer | Asked in Construction Law and Real Estate Law for Nevada on
Q: Should I get an attorney to purchase a new construction home with a major home builder in a new subdivision in Nevada?

I know that the the company has a standard contract that they will not change. I also know that the builder has a very good consumer affairs rating. The state where I currently live requires an attorney for real estate deals, but Nevada does not. I do not know if it will change anything to have an... Read more »

Vincent Gallo
Vincent Gallo answered on Nov 7, 2019

If you feel confident in putting your entire trust and faith in the person on the other side of the deal, that then becomes a personal decision on your part. Also, is the builder being represented by an attorney?

1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Nevada on
Q: My dad died and nobody contacted me to inform me of his death. I just found out that my aunt had moved in after he died

And now is selling all his stuff. There is no will, im an only child and he was never married so I should be in charge of his property, belongings, etc. yet the cops won't help me cuz of "squatters rights". I live in ID so it makes it difficult. I can't afford an attorney what am I supposed to do?

Nina Whitehurst
Nina Whitehurst answered on Sep 15, 2019

Hire a probate attorney near where your dad lived. The estate pays the legal fees.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Business Law for Nevada on
Q: Can my hoa restrict visitors between 10pm and 6am

I am renting and had no idea I was moving into an hoa area

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 29, 2019

Yes, HOAs can restrict that--and a lot of other things too.

1 Answer | Asked in Real Estate Law, Tax Law and Land Use & Zoning for Nevada on
Q: We have $ to pay the amount owed. Auction isn’t until tomorrow. Treasure won’t allow us to pay it.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 7, 2019

Be sure to be at the auction and prepared to bid, the lowest of which will include all the costs of staging the auction, which is why they will not just take the lesser amount you owed before it went under.

1 Answer | Asked in Real Estate Law and Tax Law for Nevada on
Q: how can you avoid capital gains tax after selling rental property 2019?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 3, 2019

You could try hiring a CPA or tax lawyer-- to answer this hypothetical question.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Nevada on
Q: can affidavit of survivorship apply to only child living with parent alone? or is intestate succession mandatory?

My mom died intestate when I was 17. I am her only child and she was a widow her only living next of kin is her brother. I am trying to avoid going through the court since washoe county doesn't want to let me file everything with the court on my own but hire an attorney instead. I realize that... Read more »

Jonathan Craig Reed
Jonathan Craig Reed answered on Feb 10, 2019

You can't get title with an affidavit. You will need to do a probate. The proper value of the estate is the value of the home at the time of your mother's death which is probably a lot less than the current value. The Court will accept the Zillow.com value and the Zillow.com website... Read more »

1 Answer | Asked in Real Estate Law for Nevada on
Q: I own my property and paid the taxes since 2011 but the deed is still in the persons name who gave me the property

The property is assessed at $7900 her estate owes me about $28000. How can i transfer title and deed to my name. There is no escrow or mortgage and im suppose to be her trustee. No deliquent taxes or liens and nobody contesting

Vincent Gallo
Vincent Gallo answered on Dec 30, 2018

If you were never given a deed for the real estate, you do not own the real estate, irrespective of what you might’ve been paying on behalf of the real estate.

1 Answer | Asked in Real Estate Law for Nevada on
Q: Can I force a real estate sale if a co-borrower refuses or can not refinance?

I've been on a home loan for 10 years, but only lived in the home for 3 months. I've asked numerous times over the past 9 years for the other party to refinance with no resolution. They agreed to refinance in the presents of a family law attorney 6 years ago, but it was never submitted... Read more »

Vincent Gallo
Vincent Gallo answered on Nov 30, 2018

Yes, you would bring a proceeding which is referred to as an action in partition. This would force the sale of the property.

1 Answer | Asked in Contracts, Real Estate Law and Admiralty / Maritime for Nevada on
Q: How do I find the holder of my Trust account?

cest de qui trust was created on my behalf; I would like to be the trustee and beneficiary on this account

Tim Akpinar
Tim Akpinar answered on Oct 18, 2018

If you additionally posted this question in the Banking and Probate sections, attorneys who are familiar with trust accounts could have a better chance of picking it up.

Tim Akpinar

1 Answer | Asked in Bankruptcy, Criminal Law, Real Estate Law and Identity Theft for Nevada on
Q: I been here 5 yearI been trying to find

I tried to contacting xxxx LLC no response there was a fire on the property and I have no insurance policy to give my neighbor. The last time I spoke with him we decuss Renting to Own agreement that was 6/2013. The neighbors fire had me do some research and I found out that xxxx was sued for over... Read more »

Timothy Denison
Timothy Denison answered on Jun 19, 2018

Your question has so many variations and possibilities that n one can properly answer it without substantially more information and investigation. Cantaloupe a local attorney, one who specializes in civil law, criminal law and bankruptcy. You have a very complex issue that may only be solved with... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law and Bankruptcy for Nevada on
Q: Am I allowed to represent my mother whom I am power of attorney for in foreclosure in nv
Timothy Denison
Timothy Denison answered on May 9, 2018

Yes, so long as it is a general power of attorney that specifies dealing with real

Estate as part of your powers.

1 Answer | Asked in Real Estate Law for Nevada on
Q: I have a deed that is owned by 3 persons, one has passed away, it does not state JTWRS

How do I remove the deceased person's name from the deed?

Vincent Gallo
Vincent Gallo answered on Mar 27, 2018

If the deal does not state that title is held as joint tenants with rights of survivorship then the deceased person’s share Will pass pursuant to the terms of that person’s will or pursuant to the laws of intestacy.

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