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Nevada Real Estate Law Questions & Answers
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
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
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"...
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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...
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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
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
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
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
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...
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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
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: 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.

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