Prepared for: Eric Pratt
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The estimated value of $550,000 was derived from an average of public estimates for 6920 Greenery Ct, Las Vegas, NV 89130.
| Source | Estimate | Link (Check Yourself) |
|---|---|---|
| Redfin | ~$559,832 | View Redfin ↗ |
| Realtor.com | ~$552,277 | View Realtor.com ↗ |
| Zillow | ~$546,000 | View Zillow ↗ |
| Comparable Sales | $530k - $650k | Recent sales on Greenery Ct & Iron Kettle St |
| Calculated Average | ~$552,700 | (We use $550k to be safe) |
*Estimates fluctuate daily. These figures are snapshots from late 2025 data.
The Situation: The Trust owns 50% of the property. Your brother Roger Jr. owns 50%. Roger has lived there since 2016, paying the mortgage but paying zero rent to the Trust.
The Strategy: Because you do not inherit Roger's share, any rent debt we forgive is a direct gift to Roger III. We must aggressively claim the back rent debt to force a sale or reduce Roger III's inheritance to increase yours.
Every month Roger stays without paying market rent, the Trust loses value. Based on your inputs:
| Fair Market Rent | $2,600 / mo |
| Trust's Share (50%) | $1,300 / mo |
| Less: Roger Pays Trust's Mortgage Share | -$400 / mo |
| NET MONTHLY LOSS to Trust | $900 / mo |
| Annual Loss | $10,800 / yr |
Assuming mortgage payoff of $80,000 and 8% closing costs.
| Financial Outcome | If We Do Nothing (Passive) | If We Claim Debt (Aggressive) |
|---|---|---|
| Roger Jr. / Roger III Gets | $213,000 | $170,000 (-$43k debt) |
| The Trust Gets | $213,000 | $256,000 (+$43k debt) |
| YOUR SHARE (Eric) | $53,250 | $64,000+ |
*Aggressive scenario assumes we successfully collect 4 years of back rent (approx $43,200). Even if we settle for less, the threat creates leverage.
You might ask: "He's lived there since 2016. Why don't we sue for 9 years of rent?"
This is your most powerful tool against Roger III. Even though the house transfers to him automatically upon death via the Deed Upon Death:
Layleen's presence complicates the physical possession of the property, even though she has no legal claim to the title.
Since she is not on the deed, she is legally a "Tenant at Will" or a guest of the current owner (Roger Jr.). She owns 0% of the house.
If Roger Jr. passes away, Layleen does not inherit. However, if she refuses to leave, the Trust (or Roger III) must formally evict her. This adds time (3-6 months) and cost to the process.
If Layleen is living there rent-free, it strengthens the "Unjust Enrichment" claim. The Trust is now subsidizing two people. This increases the urgency for the Trustee (Greg) to act.
Action Item: Any eviction notice or demand letter must be addressed to "Roger Pratt Jr. and all other occupants."
If you decide to simply wait and outlive your brothers, your share of the Trust increases dramatically. However, there are major risks.
| Scenario | Trust Beneficiaries | Your Share % | Est. Payout* |
|---|---|---|---|
| Current | 4 (Roger, Greg, Eddie, Eric) | 25% | |
| Roger Jr. Dies | 3 (Greg, Eddie, Eric) | 33% | |
| 2 Brothers Die | 2 (e.g. Greg, Eric) | 50% | |
| Last Man Standing | 1 (Eric Only) | 100% |
*Passive payouts estimated based on current values. Does not account for debt collection.
As beneficiaries pass away, their share of the Trust stays in the Trust and is divided among the survivors. If you are the last one, you get the entire Trust share (50% of the house).
1. Debt Expires: The "Back Rent Debt" has a 4-year statute of limitations (NRS 11.190). If you wait 10 years, the debt from 2021-2025 becomes uncollectible. You lose $40k+ in leverage.
2. Roger III moves in: If Roger Jr. dies and Roger III moves in, you have a new squatter who owes you nothing. The cycle restarts.
Greg (Trustee) is currently failing his fiduciary duty. We need to create a paper trail that forces him to act.
If Greg refuses to collect rent or sell, he is breaching his fiduciary duty. Under NRS 163.115, you can petition the court to remove him. Furthermore, under NRS 163.160, a Trustee can be held personally liable ("surcharged") if their negligence causes the Trust to lose money. Telling Greg, "I will hold you personally liable for the $43,000 lost rent," is often enough to wake him up.
Under NRS 165.141, a beneficiary can formally demand an account. If the trustee fails to provide it within 60 days, the beneficiary can petition the court for review under NRS 165.143.
If Roger refuses to sell, the Trust can file a "Partition Action" lawsuit under NRS Chapter 39. The court will order the property sold.
The Cost: Legal fees for partition actions are typically considered a "common benefit" under NRS 39.480, meaning they are paid from the sale proceeds *before* distribution. While this costs everyone money (est. $30,000), it is the only way to break a deadlock.
Nevada has a strict "Statute of Limitations" on debt collection. Under NRS 11.190, the limit for obligations not in writing (like an oral agreement or unjust enrichment) is 4 years. This means any rent owed from 2016 to 2020 is likely legally expired and uncollectible.
No. While the Deed Upon Death avoids probate, it does NOT avoid debt. Under NRS 111.689, the property remains liable for the deceased owner's debts for 18 months (or until claims are settled) if the estate has insufficient other assets. If Roger Jr. dies with no cash but owning the house, the Trust can force the sale of the house to satisfy the rent debt.
Technically, no single owner has exclusive rights unless agreed upon. As a beneficiary, you don't hold the deed (the Trust does), but the Trustee (Greg) has an equal legal right to possession as Roger Jr. If Roger locks the Trust out without paying rent, he may be committing "Ouster," which strengthens your legal claim for back rent.
Yes. Money received as "Rent" (or a settlement for lost rent) is taxable income to the Trust, which flows through to you via a K-1 tax form. Money received as "Inheritance" (the sale of the house itself) is usually tax-free capital gains (due to the step-up in basis). However, paying tax on $10,000 recovered is better than receiving $0 because Roger III kept it all.
If Roger III inherits via Deed Upon Death, he must publish notice to creditors. If he fails to do so, he remains personally liable for claims. The specific requirements for this notice are outlined in NRS 155.020 and NRS 111.689(3).
Layleen is not on the title. If she moves in, she is a guest or unauthorized tenant. This helps your legal argument because the Trust is being deprived of even more value. However, she must be included in any eviction proceedings ("and all occupants") to ensure she is removed along with Roger III if necessary.