Legal Question in Real Estate Law in Nevada

Re: type of deed to protect sons' interest from in-laws

If you put your sons and your current husband on as joint tenants, the property would go to the last person to survive, which could be your current husband. However, when he passes, it would go to his children or family and your grand children would get nothing.

In your will, you could state that your grandchildren would step up by right of representation and as long as you had a grandchild that survived your husband, you would be ok. You may also give you and your husband life estates and then the property would go to your children or grandchildren.

This is something that you should not do yourself or with a title company. I believe that a competent attorney is necessary to ensure that it is done properly.

Re: type of deed to protect sons' interest from in-laws

You could transfer the title to your sons through your will. However, if you put your husband's name on the title (deed), he will own a portion of the property . . . no matter what. If you want it to go to your sons upon your death, you can put it in your will, or have you and your sons on the deed as joint tenants with right of survivorship. Then, the last remaining survivor will own the property in fee simple. Keep in mind, though, that with a joint tenancy, one son will lose his share of the property upon his death. If you were tenants in common, you would each own an undivided interest in the property which each of you could transfer either by deed or by will.

In order to discuss all the possibilities and scenarios, I suggest you call the office and set up an appointment.