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Nevada Real Estate Law Questions & Answers
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 *****... View 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.... View 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...
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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... View 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.... View 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... View 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 E. Janay
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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... View 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... View 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)... View 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...
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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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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Collections for Nevada on
Q: The timeshare company has assessed an admin fee of $106 because we're late on our quarterly fees. Can they charge this
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 9, 2016

Check your timeshare agreement. Most timeshares do assess a penalty for late payments.

1 Answer | Asked in Real Estate Law and Probate for Nevada on
Q: Hello, I'm in Reno Nevada

My question is this. My mother and step father are legally separated, the house is only in my mothers name but my mother has passed away. My mother did not have a will however she expressed numerous times to our family that she wanted the house to be transferred into my name, but there is no... View More

Jonathan Craig Reed
Jonathan Craig Reed
answered on Apr 16, 2016

Courts generally are not interested in what wishes a person expressed. However if your mother died unmarried under the laws of intestate succession her property including her home would go to her children in a probate proceeding. If you wish to start a probate proceeding and your step father... View More

1 Answer | Asked in Real Estate Law for Nevada on
Q: deed is in both are names we split up how do I collect my half of rents from her

Also they are rental properties that are paid off, we split up and I moved to Vegas she stayed in Mi, how do I go about collecting my half of the rents?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 6, 2015

Speak with an attorney in MI about this, have a full discussion instead of you giving just a few facts and expecting a solid answer on the internet.

1 Answer | Asked in Real Estate Law for Nevada on
Q: Can u walk away from a home sale if u are the owner after a contract is signed
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 10, 2015

You signed a contract to purchase and now want to pretend that no agreement was signed and thus "walk away"? If the seller chooses to sue, it appears that he or she could do so.

1 Answer | Asked in Real Estate Law for Nevada on
Q: What does tenants in common mean?
Adam Studnicki
Adam Studnicki
answered on Jul 14, 2015

Generally speaking, tenants in common is when more than one person owns a share in real estate. It doesn't necessarily have anything to do with "tenants" in the sense of a tenant leasing from a landlord. If you're thinking of making decisions on how to own property rather than... View More

1 Answer | Asked in Real Estate Law for Nevada on
Q: What happens when one one of people on a real estate loan dies?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Jul 13, 2012

Typically the lender requires all people on loan to be jointly and severally liable which means that the survivor(s) is responsible for the whole loan altho both the survivor(s) and the lender may have a claim against the estate of the dead borrower.

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