Legal Question in Wills and Trusts in Nevada

The probate court in the judicial district where the land lies will need to be petitioned for a transfer in accordance with the deceased owner's stated written wishes or by the Nevada laws of intestate succession.

Your father's living trust has nothing to say about the land if it was not properly re-titled in the name of the trust after he formed it. You indicate this was not done. I would hope the company or firm that drafted the trust also included what is called a "pourover will." This legal document will enable you to open a simple probate in Lyon County, Nevada to enable transfer of the title to the land. It is likely the will you find with the trust documents specifies that any property left out of the trust is given to the trust. Then, it would be disbursed in accordance with the trust terms.

Realistically, it may not be in your interest even to pursue this in Nevada. First, you will have to hire a Nevada-licensed attorney to file the papers and, potentially, make an appearance in court to conclude the matter. It is probable that you would spend half or more of the total value of the land (if your estimation is accurate) just getting it titled in accordance with the terms of the trust. I have had clients in similar circumstances choose to just allow the land to be lost to a property tax lien and they have nothing more to worry about. If, however, the land means something to your family, or it has good investment potential, it might well be worth the further investment.

My office would be happy to help you get this straightened out.