If one person owns a home in his or her own name, that person might consider deeding the home to a loved one by way of “deed upon death.” That is a deed that conveys the home to, say, a sister or a child, is recorded now, but which provides on its fact that the grantor can revoke it at any time before he or she dies. As the home is the major asset of many Nevada families, this is a good way to avoid having the home probated. However, it is not without its drawbacks. For example, NRS 111.689 makes it very difficult, if not impossible, for the grantee loved one to sell the property for 18 months after the grantor dies. If there is a mortgage on the property, the kids may not be able to make payments that come due during that year and a half wait. Therefore, normally at least, a Will is preferable to a deed upon death for passing title to kids.
Taking for a minute a brief break from probate and bankruptcy law.:
Nevada law may or may not require parents to support an adult child that is disabled. NRS 125B.200 is less than a model of clarity. It defines a “minor child” as anyone “under a legal disability.” Not under 18 or 19, but “under a legal disability.” Presumably a 38 year old who is under a legal disability is a minor child.
So what, pray tell, does “under a legal disability” mean? Clearly a minor is under a legal disability. See Wren v. Dixon, 40 Nev. 170, 161 P. 722, 167 P. 324 (1916). A guardian’s ward (protected person) is likely also under a legal disability.
What if the ward is not under a legal disability when he turns 18, but is later adjudged in need of a guardian. Has the statute of limitations run? These and similar questions await resolution in Nevada. What is clear is that, at common law, a parent of a disabled child had a duty to support that child into adulthood. See Nelson v. Nelson, 548 A.2d 109 (D.C. 1988). It is also clear that, in Nevada, the common law rules prevail in absence of a controlling statute. NRS 1.030.