Legal Question in Real Estate Law in Nevada

quit-claim deed

We have a living trust, do we need a quit-claim deed on our house, a homestead on our house, and should we list our vehicles under the trust.


Asked on 2/12/08, 12:22 pm

2 Answers from Attorneys

James Smith James E. Smith Ltd.

Re: quit-claim deed

You should deed your home into the trust and do a homestead. I would not put the car into the trust as insurers might charge you a commercial rate.

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Answered on 2/12/08, 12:45 pm
Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: quit-claim deed

Your home and vehicles most certainly should be held in the name of the Living Trust. You can still file a Homestead Exemption, even after conveying the house to the Trust, and that step surely should be taken, too.

Responding to Mr. Smith's answer, in 9 years of forming and funding Living Trusts, I have never encountered an insurance company that regarded the vehicle as anything different after re-titling in the name of the Trust, so I do not know the source of his information. Moreover, since the threshold for probate is so low in Nevada, a car worth $20,000 (and what new car is NOT today?) would be subject to probate if left out of the Trust. I see no reason to risk such exposure. If your insurance agent tells you that putting the car in the Trust will change your rates, you should consider talking to another agent.

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Answered on 2/14/08, 4:23 am


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