Legal Question in Real Estate Law in Nevada

Re: What kind of deed is best?

As to the V.A. loan, I suggest you contact an office of the Veterans' Administration and ask for a brochure describing how V.A. loans work.

I can only give you a general answer on the deed questions because the property in in Nevada and I only practice California law.

The first question is how was your father's estate handled? Was there an executor or administrator? Was there a will, and was there a probate proceeding? One of the results of a probate administration is supposed to be the correction of real-property records to reflect inheritance of the decedent's separate interest by his heirs, or in jointly owned property, by the survivor--presumably your stepmother. You (or she) should check this out. If it hasn't been handled, have a Nevada attorney review the entire probate situation for irregularities and have them all ironed out.

After title in the property is duly reflected in your stepmother (or in whomever it should be vested!) in the Clark County records, you have a much more conventional estate-planning situation.

Your stepmother should consult one or more estate planners (attorneys, tax accountants, etc.) for general advice. The amount of advice (and what constitutes good advice) will depend on the overall size and complexity of her estate.

She could do any of the following: (1) make you her heir in her will; (2) establish an inter vivos or testamentary trust; or (3) sell or make a gift of the property to you immediately, while retaining a life estate. #3 would be unusual today with estate-planning trusts being a well-developed and well-understood practice.

If I were advising your stepmother, I would advise her that she can 'insure that you get it' by naming you as heir or beneficiary and that there is no need to transfer the property outright during her lifetime.

Re: What kind of deed is best?

Thanks for your email. A quitclaim deed will not change title when anyone dies, but will immediately transfer title to the person named in the deed.

I would strongly recommend that your stepmother either specifically mention the property and her intent to transfer it to you upon her death in her will, or create a living revocable trust with you as the beneficiary to transfer the property upon death. This would avoid problems with recording a quitclaim or other deed after death, or with the mortgage company, since either a recorded transfer into the trust or a death certificate after death plus a probate court's order would suffice to accomplish your goals.

I should also mention, as a caveat, that I am a California Attorney, and any answers I give apply to California law only. You should consult a Nevada attorney for answers that may depend on Nevada law, which may be different from California Law.

Good luck!