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Nevada Real Estate Law Questions & Answers
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.

2 Answers | Asked in Real Estate Law and Probate for Nevada on
Q: Does a holographic will dated 2017 supersede a trust dated 2011?

My sister-in-law died a few months ago with a trust dated 2011. We found, in her bedroom, a hand-written will, dated(2017) and signed, that conflicts with the trust.

In the body of the will, the wording "If I die today I will all my belongings to go to ******* my sister *****... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jan 18, 2018

Ahhh the REAL reason people should not do DIY estate plans. ASSUMING Nevada recognizes holographic wills (Talk to a local attorney about that one) and FURTHER assuming this meets the requirements of such under Nevada law (again, consult a local attorney) the language is as you note a bit ambiguous.... Read more »

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1 Answer | Asked in Real Estate Law for Nevada on
Q: I need to find a lawyer that will take commission and sue Wyndham for fraudulent sales practices against seniors.

I would like to recover my $13,000 and legal fees. The timeshare was purchased in Las Vegas. I live in Gilbert Az.85234 . It has been two years since the purchase, but it is paid in full.

Michael Hales
Michael Hales answered on Dec 13, 2017

I'm sorry to hear about your experience as it correlates with stories I've heard frequently since starting legal work in Florida. I recently wrote an article for the local state bar about this very issue. You can access it at https://www.targheelaw.com/article

I hope that helps...
Read more »

1 Answer | Asked in Real Estate Law for Nevada on
Q: Is it true that failing to pay down payment on a timeshare loan will kill the contract?

I was advised by an attorney that if down payment was not paid to the timeshare company or developer, my contract would become a "dead deal" and my credit would be unharmed. The property is located in Nevada. I was made aware by this attorney that the company will attempt to intimidate... Read more »

Michael Hales
Michael Hales answered on Dec 1, 2017

This may be a moot point given the time that has passed since you asked this question, but I've seen it both ways. Resorts are increasingly reporting delinquencies to the credit bureaus. Was this your case? I'm interested in knowing.

1 Answer | Asked in Real Estate Law for Nevada on
Q: My timeshare was purchased on lies they told us to put can i cancel based on that alone

They refused to tell me the cancelation period out loud. Insisted we lie about income we have 42 thousand they put 90,000.00 also we qualifed for a credit of 3,000 sales pushed for 9,000 and only used 6,000. Inorder to get the credit my wife was lead to stating false employment and shes jobless.... Read more »

Michael Hales
Michael Hales answered on Nov 29, 2017

I'm sorry this happened to you. I wrote an article with the Idaho Bar that that you can access here: https://www.targheelaw.com/article

It should give you information that you and your attorney need to move forward.

1 Answer | Asked in Real Estate Law for Nevada on
Q: I am being ripped off by a time share company..... I followed all the rules, but now they want $4000.Can you help me?

I signed up for a time share, the contract says I have 5 days to change my mind with a certified letter, which I did with plenty of time to spare. I have all the paper work....

Can you help me read my contract and tell me what I am liable for?

I would like to know what is the cost... Read more »

Michael Hales
Michael Hales answered on Sep 29, 2017

You asked this a while back, so I'm hoping you have this resolved by now. If you have questions, however, I did write an article that you and your attorney may find helpful. It's about the timeshare industry and how best to protect your interests. You can find it at www.targheelaw.com/article.

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Nevada on
Q: My timeshare cancel period is one day late, how can I cancel my timeshare

They mislead me and did not ever advise me of my rights to cancel till it was too late . I am 1 day late because I was on vacation and didn't fully read till I returned home. They even lied about how much I made to the credit care company, it Wyndham ,

Michael Hales
Michael Hales answered on Sep 27, 2017

You may have some options. I wrote an article on this subject for the state bar association that you may find interesting. You can find the article at https://www.targheelaw.com/article. And feel free to let me know if you have questions.

1 Answer | Asked in Contracts and Real Estate Law for Nevada on
Q: Time share law in Nevada and how to get out pass the 5 day calendar period. I'm one day late
Barry Eran Janay
Barry Eran Janay answered on Sep 25, 2017

I'd need to see more details regarding the contract and about the transaction in general. I can review all of this and consult with you for a fee.

1 Answer | Asked in Probate and Real Estate Law for Nevada on
Q: I inherited a piece of land in Elko NV from my deceased father in 2015. How do I get the deed/title put in my name?
Bill Sweeney
Bill Sweeney answered on Aug 8, 2017

Whether you father died in a state other than Nevada or your father died as a domiciled resident of Nevada you need to contact a probate attorney in the State of Nevada for advice. Each state has control over real property located in the state where the real property is located..

1 Answer | Asked in Consumer Law, Real Estate Law and Probate for Nevada on
Q: Dad died, left behind small timeshare property before adding mom's name. How to exact transfer of deed to my mom?

The property is in the state of Nevada where community property law applies. What steps need to be taken to transfer ownership of deed to my mom? I understand no probate needed -- correct? Does filing an Affidavit of Death of Spouse Holding Community Property apply in this situation? How do we... Read more »

Jonathan Craig Reed
Jonathan Craig Reed answered on Jun 3, 2017

Sorry to disappoint, but since the timeshare in Nevada is considered real estate, the only procedure available is "Set Aside Without Administration." Most people will need a lawyer to do that. In addition to the fees and costs of the probate lawyer, the timeshare company may charge a... Read more »

1 Answer | Asked in Real Estate Law for Nevada on
Q: I was left 3 separate parcels of land with a few other people. Do they have to buy me out or do I have to forfeit it.

I have been paying taxes on it and don't feel it's ever going to sell and want to be bought out.

Ben F Meek III
Ben F Meek III answered on Feb 19, 2017

Five options: 1) Buy out the others; 2) get them to buy you out; 3) file a partition suit to force a sale or a compromise buyout; 4) stop paying taxes and eventually the taxing authority will seize the properties for back taxes (possibly leaving a shortfall that each of you will still owe); or 5)... Read more »

2 Answers | Asked in Real Estate Law for Nevada on
Q: Does a handshake deal with, multiple witnesses and simple contrat have any legality with real estate?

The original owner has recently passed away. The property in question is about to go into probate. The execuiter has no doubt about our handshake deal with the property.

Brian Lehman
Brian Lehman answered on Jan 24, 2017

Because it was a real estate deal, it needed to be in writing. I

Nevada’s statute of frauds is set forth in various sections of the Nevada Revised Statutes. It renders the following types of contracts unenforceable unless in writing and signed by the party against whom a claim is...
Read more »

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2 Answers | Asked in Real Estate Law, Criminal Law and Personal Injury for Nevada on
Q: If a friend in vegas got robbed and the perp stole the 12000 in the safe is he protected under homeowners insurance ?

He thinks he knows who is involved

3 people but MIA

Detective is looking as well

Its been a few months

Paul Stanko
Paul Stanko answered on Oct 1, 2016

This is an insurance question. Your friend should look at the coverages and exclusions in his policy. Better yet, get the policy out and call his agent to discuss his policy terms.

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