Legal Question in Wills and Trusts in Nevada
Revocable Trust
I live in CA and own residential property in Nevada. I want to place the Nevada property in a trust. I want my sister who lives in Nevada to be the beneficiary. Which form do I need to use? Where I live or where the property is located? Once completed do I file this document with any state or county authority?
4 Answers from Attorneys
Re: Revocable Trust
you should consult a qualified estate planning attorney. using a trust to benefit your sister may not be the best method. in addition, there may be federal gift tax issues related to making your sister a beneficiary.
Re: Revocable Trust
A trust is not as simple as a form. Have a living trust drafted for all your estate post mortum planning. Affordable trusts 18 yrs. exp. 16192223504.
Re: Revocable Trust
You might consider a Nevada "transfer on death" deed, bypassing the trust alltogether. The Nevada law provides as follows:
NRS 111.109 Conveyance by deed which becomes effective upon death of grantor.
1. The owner of an interest in real property may create a deed that conveys his interest in real property to a grantee which becomes effective upon the death of the owner. Such a conveyance is subject to liens on the property in existence on the date of the death of the owner.
2. The owner of an interest in real property who creates a deed pursuant to subsection 1 may designate in the deed:
(a) Multiple grantees who will take title to the property upon his death as joint tenants with right of survivorship, tenants in common, husband and wife as community property, community property with right of survivorship or any other tenancy that is recognized in this State.
(b) A grantee or multiple grantees who will take title to the property upon his death as the sole and separate property of the grantee or grantees without the necessity of the filing of a quitclaim deed or disclaimer by the spouse of any grantee.
3. If the owner of the real property which is the subject of a deed created pursuant to subsection 1 holds the interest in the property as a joint tenant with right of survivorship or as community property with the right of survivorship and:
(a) The deed includes a conveyance of the interest from each of the other owners, the deed becomes effective on the date of the death of the last surviving owner; or
(b) The deed does not include a conveyance of the interest from each of the other owners, the deed becomes effective on the date of the death of the owner who created the deed only if the owner who conveyed his interest in real property to the grantee is the last surviving owner.
4. If an owner of an interest in real property who creates a deed pursuant to subsection 1 transfers his interest in the real property to another person during his lifetime, the deed created pursuant to subsection 1 is void.
5. If an owner of an interest in real property who creates a deed pursuant to subsection 1 executes and records more than one deed concerning the same real property, the deed that is last recorded before the death of the owner is the effective deed.
6. A deed created pursuant to subsection 1 is valid only if executed and recorded as provided by law in the office of the county recorder of the county in which the property is located before the death of the owner or the death of the last surviving owner.........
Your attorney can advise further.
Re: Revocable Trust
Assuming you already have an established trust and simply want to add the Nevada property, you would complete a grant or quitclaim deed and record it in the county recorder's office of the county where the property is located. For example, if the property is in Henderson County Nevada, you would record the deed in Henderson County Nevada at the County Recorder's Office.