Estate planning · Trusts

A trust only works if the house is in it.

A revocable living trust is how most Nevada homeowners keep their family out of probate court. It is also a document that is easy to sign and then leave unfinished.

House keys being passed from one hand to another on a porch
The short answer

A revocable living trust holds what you own, under instructions you wrote, managed by you for as long as you are able and by a person you chose after that. Because the trust, not you personally, holds title, what is in it passes without a probate case and can be managed for you if you are ever incapacitated. It does that only for property that was transferred into it. A trust that was signed but never funded leaves the house exactly where it was.

How a living trust works

You create the trust, you transfer what you own into it, and you name yourself as trustee. Daily life stays the same: you buy, sell, refinance, and spend exactly as before, and you can amend or revoke the trust whenever you like. What changes is what happens when you cannot act. The trust names a successor trustee, a person you chose, who steps in if you become unable to manage your affairs and again at your death. They follow the instructions you wrote, without asking a court for permission.

What a trust does

  • Keeps what it holds out of probate. Property titled in the trust passes under the trust’s terms, with no court case.
  • Covers incapacity as well as death. If you are ill or injured, your successor trustee manages the trust’s property for you. A will cannot do that.
  • Stays private. A probate file is a public court record. A trust is administered without one.
  • Controls timing. A child’s share can be held and managed until an age you choose. In a blended family, a trust can provide for a spouse and still make sure children from an earlier marriage receive what you intended.
  • Handles property in more than one state. Real estate in another state, held in the trust, avoids a second court case there.

What a trust does not do

It does not work unfunded

This is a common defect in a trust someone brings in for review. A trust controls only what has been transferred into it. If the deed to the house was never recorded in the trust’s name, the house is still yours alone, and it still goes through probate. Funding means a deed for each piece of real estate, recorded with the county where it sits, which in Reno and Sparks is the Washoe County Recorder; retitled bank and brokerage accounts; and beneficiary designations that match the plan. Retirement accounts are usually handled by beneficiary designation rather than retitling.

It does not shield you from your own creditors

A revocable trust is still yours in every way that matters to a creditor. Nevada does permit a separate, irrevocable kind of trust that can protect assets once statutory conditions are met. It is a separate instrument with its own requirements.

It does not change your income tax

While you are alive, a revocable trust is invisible for income tax purposes. You file the same return you always have.

It does not replace the other documents

A short “pour-over” will stands behind the trust to catch anything left outside it, and a will is still where a parent names a guardian for minor children. A financial power of attorney covers what the trust does not hold. An advance health-care directive covers medical decisions.

Nevada-specific detail

Community property stays community property

A married couple’s joint trust can be drafted so that what goes in as community property keeps that character, which matters for what each spouse can leave and for how the property is treated at the first death.

A certification of trust

Nevada law lets a trustee give a bank or title company a short certification confirming that the trust exists and who has authority to act, instead of handing over the whole document. The family’s private instructions stay private.

Notice at the end

After a death, Nevada allows the trustee to send the beneficiaries and heirs a statutory notice that starts a fixed period for anyone who intends to challenge the trust. Used properly, it gives the family certainty sooner.

Other kinds of trust

A trust created inside a will for a child’s share, a trust for a family member with a disability that preserves their public benefits, and irrevocable trusts used for asset protection or tax planning are each their own instrument. Most families need none of them. Whether one belongs in your plan is part of the first conversation.

If you have a trust and are not sure the house ever went into it, bring the trust and the deed.

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What you will know before any work begins.

Explained in plain English

What the work involves and what each document does, before you sign anything.

Agreed before work begins

Nothing starts until you know how the work is priced and how payment works.

One flat fee, quoted at the consultation.

Estate plans are quoted as a single flat fee at the consultation.

Questions

Do I lose control of my house if I put it in a trust?

No. With a revocable living trust you are the trustee. You can sell, refinance, or take the house back out, and you can amend or revoke the trust at any time.

Does having a trust mean my family avoids probate?

Only for what the trust holds. If the deed was never recorded in the trust’s name, or an account was never retitled, that asset is still outside the trust and may still go through probate.

If I have a trust, do I still need a will?

Yes. A short pour-over will catches anything left outside the trust, and a will is where a parent names a guardian for minor children.

My trust was written in another state. Does it work in Nevada?

Usually the trust itself is still valid. What needs checking is the funding, especially a Nevada deed for a Nevada home, and the powers of attorney and health-care directive that went with it.

When you’re ready

Find out whether the house ever went in.

You’ll hear the whole process first, then the first step and the flat fee.

Call (775) 525-8850