What is the name of your state? Nevada
I have been trading low cost undeveloped properties in Nevada. Typically I pay $500 to $1000 for a lot (I offer the assessed value, as assessed by the County), so there isn't a lot of value to work with. On three occasions I have encountered properties where the heir's name is not on the deed (normally due to a deceased spouse or parent). As required by Nevada law, a Court has to get involved to do a 'set aside without administration' if the asset is real property.
With those three properties, I hired a lawyer to do the set asides. While I pay the legal fees, the lawyer's client is actually the heir. Once the set aside is complete, the heir has agreed to sell me the property at a fixed price. The reason I hired a lawyer is primarily that I can't represent the heirs without practicing law without a license, although preparing a petition to set aside an estate is a straightforward task that I can handle.
The problem is two-fold. First, it's expensive to have a lawyer to the set aside (normally about $700). Second, I submitted the jobs to the law office 9 months ago and they aren't done. I've even gone so far as to prepare the Petition and Order for the lawyer, but it still isn't done. The lawyer is competent, but he has had severe difficulty with this office staff.
My question is this; if I were to get an heir to execute a quitclaim deed, transferring all interest in that property to me, could I do the set aside myself? After all, the heir's interest would then be mine, so the set aside would not represent the interests of the heir. I would petition the court for a set aside of the estate of the deceased, but I would be the petitioner by virtue of an attached quitclaim deed.
Would that in any way constitute practicing law without a license?
I have been trading low cost undeveloped properties in Nevada. Typically I pay $500 to $1000 for a lot (I offer the assessed value, as assessed by the County), so there isn't a lot of value to work with. On three occasions I have encountered properties where the heir's name is not on the deed (normally due to a deceased spouse or parent). As required by Nevada law, a Court has to get involved to do a 'set aside without administration' if the asset is real property.
With those three properties, I hired a lawyer to do the set asides. While I pay the legal fees, the lawyer's client is actually the heir. Once the set aside is complete, the heir has agreed to sell me the property at a fixed price. The reason I hired a lawyer is primarily that I can't represent the heirs without practicing law without a license, although preparing a petition to set aside an estate is a straightforward task that I can handle.
The problem is two-fold. First, it's expensive to have a lawyer to the set aside (normally about $700). Second, I submitted the jobs to the law office 9 months ago and they aren't done. I've even gone so far as to prepare the Petition and Order for the lawyer, but it still isn't done. The lawyer is competent, but he has had severe difficulty with this office staff.
My question is this; if I were to get an heir to execute a quitclaim deed, transferring all interest in that property to me, could I do the set aside myself? After all, the heir's interest would then be mine, so the set aside would not represent the interests of the heir. I would petition the court for a set aside of the estate of the deceased, but I would be the petitioner by virtue of an attached quitclaim deed.
Would that in any way constitute practicing law without a license?