Legal Question in Real Estate Law in Nevada

Re: legality of quit claim deed on real property

To answer each question in order:

1. When wanting to make sure property is given to another party upon disability or death will a quit claim deed be enough to secure the property for the other person?

Probably no. If the deed is delivered, a present interest in the realty is transfered, and you lose your property before dying or becoming disabled. If you hold the deed back, you have not delivered it, and the conveyance may not be effective.

Is a quit claim deed enough to take the original buyer off of the deed of trust and put your name on it?

Probably no. In a typical case, a deed of trust is a conveyance from a borrower (Trustor) to a title company (Trustee) for a lender (Beneficiary). In a typical case, many deeds of trust have a "due on sale" clause, which allows the lender to call the loan all due and payable if the property is transfered by quitclaim or otherwise.

Nevada legal questions are answered at www.nvlaw.com