Legal Question in Real Estate Law in Nevada

Re: homestead versus living trust

You brought up an interesting legal issue. Technically, I don't think that a living trust can declare a homestead as homesteads are for the protection of a family residence. But the fact that your assets are placed in a living trust does not necessarily protect it from creditors. Any creditors would likely be seeking a judgment against you and so I would suggest that the homestead remain in your name for your protection as against your revocable living trust. Your question would not, however, be governed by Calfornia law so it would require more research into NV law. Please contact us if you would like us to research this issue more thoroughly for you.

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