6920 Greenery Ct.
Strategy Guide

Prepared for: Eric Pratt

1. Scenario Calculator

Adjust settings to see how your payout changes.

(Legal limit is likely 4 years)
Projected Net Cash for Eric: $0

2. Valuation Breakdown

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.

3. Executive Summary

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 "ROGER III" PROBLEM: Roger Jr. has a Deed Upon Death to his son (Roger III). This means if Roger Jr. dies, his 50% share goes directly to his son. You, Eddie, and Greg inherit $0 from Roger's half.
THE "LAYLEEN" COMPLICATION: We suspect Roger III's sister, Layleen, is living in the house (or plans to).
  • She is NOT on the Deed Upon Death. She has no ownership rights.
  • She is a potential "squatter" or tenant. If Roger Jr. dies, she has no right to stay unless Roger III allows it.
  • Her presence strengthens the "Unjust Enrichment" claim: The Trust is subsidizing housing for non-owners.

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.

4. The Financial Reality

The "Bleeding" Asset

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

Scenario Analysis: Sale at $550,000

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.

5. The Legal Leverage

Why We Focus on "4 Years" of Rent

You might ask: "He's lived there since 2016. Why don't we sue for 9 years of rent?"

The "Clawback" Law (NRS 111.689)

This is your most powerful tool against Roger III. Even though the house transfers to him automatically upon death via the Deed Upon Death:

The Law States: The property remains liable for the deceased owner's debts for 18 months (or until claims are settled) if the estate has no other cash. We can force the sale of the house to pay the back rent debt.

6. The "Layleen" Factor (Occupancy Risk)

Layleen's presence complicates the physical possession of the property, even though she has no legal claim to the title.

⚠️ Her Legal Status

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.

⚖️ The Consequence

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.

Why this helps your case

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."

7. The "Last Man Standing" Analysis

The Waiting Game (Tontine Effect)

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% $53,250
Roger Jr. Dies 3 (Greg, Eddie, Eric) 33% $71,000
2 Brothers Die 2 (e.g. Greg, Eric) 50% $106,500
Last Man Standing 1 (Eric Only) 100% $213,000

*Passive payouts estimated based on current values. Does not account for debt collection.

The Risks of Waiting

✅ The Advantage

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).

❌ The Disadvantage

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.

Conclusion: Waiting increases your percentage, but it risks shrinking the "Total Pie" by losing the debt claim. The safest bet is to force the sale now while the debt is legally enforceable.

8. Action Plan & Templates

Phase 1: Immediate Pressure (While Roger Jr. is Alive)

Greg (Trustee) is currently failing his fiduciary duty. We need to create a paper trail that forces him to act.

1
Send This Email to Greg Immediately Copy and Paste the text below:
Subject: Urgent: Accounting of Trust Assets / Greenery Ct Property Greg, As a beneficiary of the Trust, I am formally requesting an accounting of the Trust's assets pursuant to NRS 165.141. Specifically, I am concerned about the Trust's 50% interest in the property at 6920 Greenery Ct. It is my understanding that Roger Jr. has been residing there since 2016 without paying rent to the Trust. The Trust is losing approximately $900/month in net income by failing to collect fair market rent for its 50% share. Over the last 4 years alone, this represents a loss of over $43,000 to the beneficiaries. Please confirm in writing within 10 days what steps you are taking to either: 1. Collect back rent from Roger Jr. to make the Trust whole; or 2. List the property for sale immediately to stop the financial loss. We cannot continue to subsidize Roger Jr.'s living arrangement at the expense of the other beneficiaries. Sincerely, Eric Pratt
2
The "Win-Win" Offer
After sending the letter, call Roger Jr. and say: "Look, the Trust is preparing to sue for back rent. That's going to be a mess. If you agree to list the house for sale this week, we might be able to waive the back rent debt. You walk away with $260k cash, clean slate."

Phase 2: Emergency Protocol (If Roger Jr. Dies)

WARNING: Ticking Clock!
If Roger Jr. dies, you have a very short window (usually 90 days after notice) to file a claim. If you miss it, Roger III gets the house debt-free.
1
Notify Greg: "Greg, you must file a Creditor's Claim against Roger's estate for 'Unpaid Rent / Unjust Enrichment' immediately. Under NRS 164.025, if we miss the deadline, you may be personally liable for the lost money."
2
The Ultimatum to Roger III: "The estate owes the Trust $45,000+. The house is liable for this debt under NRS 111.689. We can tie this up in probate court, or you can agree to sell the house immediately."

9. Detailed FAQs (Legal Breakdown)

What if Greg refuses to do anything?
Trustee Negligence

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.

How can I demand an accounting?
Beneficiary Rights

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.

What is a Partition Sale & what does it cost?
Forced Sale

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.

Why can we only collect 4 years of rent?
Statute of Limitations

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.

Doesn't the "Deed Upon Death" protect Roger III from debts?
Asset Protection Myth

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.

Can Roger kick me off the property?
Co-Tenant Rights

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.

Will I have to pay taxes on the back rent?
Taxes

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.

What form must be used for Deed Upon Death creditor notice?
Forms

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).

What about Layleen?
Occupancy

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.