6920 Greenery Ct.
Strategy Guide

Prepared for: Eric Pratt, Trustee

1. The Two Critical "Clocks"

IMPORTANT: The transfer to the Trust did NOT start the 90-day countdown. There are two separate timelines you must watch.

CLOCK 1: DEBT EXPIRATION
RUNNING NOW

This is the 4-year limit to collect back rent. Every day you wait, you lose one day of rent from 4 years ago.

Action: Sue/Demand Payment NOW.

CLOCK 2: 90-DAY DEADLINE
PAUSED (Starts at Death)

This is the window to file a claim against his estate (NRS 164.025). It starts when Roger Jr. dies AND notice is published.

Action: Watch for Notice.

Current Status (March 2026):
Rent from Feb 2022 has expired forever. Rent from March 2022 is expiring this month.

2. Scenario Calculator

Adjust settings to see how your payout changes.

(Legal limit ~4 years)
Industry Standard for Litigation
Projected Net Cash for Eric: $0

3. Interactive Decision Map

Click a path to see the outcome.

Path A: Negotiated Settlement We ask Roger Jr. to sell now and deduct rent from escrow.
⬇ OR ⬇
Path B: Litigation (Aggressive) Roger refuses. We sue for Partition & Unjust Enrichment.
⬇ OR ⬇
Path C: Roger Jr. Dies Emergency Protocol for Estate Claim.
✅ Outcome: Cleanest Path (Negotiate)
  • Speed: Fast (3-4 months).
  • Cost: Low (Split escrow fees).
  • Eric's Net: High (We recover debt without court fees).
  • Action: Send "Win-Win" email template below.
⚠️ Outcome: High Conflict (Litigate)
  • Speed: Slow (12-18 months).
  • Cost: High (~$30k+ legal fees).
  • Eric's Net: Reduced by legal fees, but we force the sale.
  • Action: Eric (as Trustee) files "Partition Action" immediately.
🛑 Outcome: The 90-Day Emergency Drill
  • Trigger: Successor Trustee publishes "Notice to Creditors".
  • Deadline: You have exactly 90 days to file a claim for back rent.
  • Target: You sue the "Roger Pratt II Trust" (not Roger III personally).
  • Leverage: NRS 111.689 allows us to claw back the house to pay this debt before Roger III gets it.
  • Action: Eric MUST file claim immediately or lose the money.

4. The "Las Vegas Watchtower"

When Roger Jr. dies, you have 90 days from the "Notice to Creditors" to file. Here is exactly where to look in Clark County.

1. Nevada Legal News (Primary Source)

95% of probate/trust notices in Clark County are published here.

Visit Website ↗
2. Clark County Courts (Record Search)

Search for "Roger Pratt" to see if a Probate case has been opened.

Search Records ↗
3. Clark County Recorder

Check for "Affidavit of Death" or "Trustee's Deed" recorded against the property.

Search Documents ↗

5. Executive Summary

The Situation: The Trust owns 50% of the property. Your brother Roger Jr. owns 50%.

ERIC IS NOW TRUSTEE: Following the notarized resignations and appointments of Greg and Jerri, Eric Pratt holds full legal authority over the Trust's 50% share of the home.
ROGER'S TRUST ALERT (Oct 9, 2025):
Roger Jr. transferred his 50% ownership to the "Roger Pratt II Revocable Living Trust".
  • Deed Upon Death: Likely revoked. The property now follows his Trust's rules (likely still to Roger III).
  • Asset Protection: A Revocable Trust provides ZERO protection from creditors. The back rent debt follows him into the Trust.

The Strategy: It is now "Greenery Trust vs. Roger Pratt II Trust." Because you do not inherit Roger's share, any rent debt we forgive is a direct gift to Roger III. Eric must aggressively claim the back rent debt from his new Trust.

6. 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's Trust (Roger III) Gets $213,000 $170,000 (-$43k debt)
Greenery 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.

7. The Legal Leverage (Comprehensive)

This section outlines every legal concept applicable to your case. Use these terms when speaking with Roger to demonstrate you understand the law.

1. The Rent Claim: "Ouster" & Unjust Enrichment

The Hurdle: Under Nevada common law, a co-owner (Roger) has a right to occupy the property rent-free unless he has "Ousted" the other owners (prevented them from entering).

Our Argument: We argue "Constructive Ouster." By occupying the home exclusively for 9 years and refusing to sell or pay the Trust its share, Roger has effectively excluded the Trust.

Secondary Claim: We also claim "Unjust Enrichment." Roger received a measurable benefit ($100k+ in free rent) at the expense of the Trust. Fairness dictates he must pay it back.

2. The "Silence is Not Permission" Argument
New Strategy: Although Article VIII, Sec 11 authorizes the Trustee to allow rent-free living, Greg never formally exercised this power in writing.

Argument: Silence ≠ Permission. Greg's failure to collect rent was negligence, not an affirmative grant of benefit. Therefore, the default rule (pay for what you use) should apply.

3. The Time Limit: Statute of Limitations (NRS 11.190)

The 4-Year Rule: Nevada law limits debt collection for obligations not in writing (like this oral arrangement) to 4 years. This is why we calculate the debt at ~$43,000 (48 months) rather than the full 9 years. Debt from 2016-2021 is likely legally "stale."

Laches Defense: Roger can argue "Laches"—that you waited too long to complain, implying consent. Action: Sending a demand letter today stops this clock and counters the Laches defense.

4. The "Clawback" Law (NRS 111.689)
The "Silver Bullet": Even though the house transfers to Roger III automatically upon death (via Deed Upon Death or Trust), it is strictly liable for Roger Jr.'s debts for 18 months if his estate has no other cash.

If Roger Jr. dies owing the Trust $43,000, we can force the sale of the house to pay that debt before Roger III gets clear title.

5. Trustee Duties & Liability (NRS 163)

Duty to Make Property Productive: The Trustee has a legal obligation to ensure Trust assets generate income. A $0 return on a $275k asset is a breach of duty.

Duty of Impartiality: The Trustee cannot favor one beneficiary (Roger) at the expense of others (Eric/Eddie). Allowing free rent violates this.

6. Partition Sale (NRS Chapter 39)

This is the "Nuclear Option." If co-owners cannot agree, the Court will order the property sold. There is no defense against this.

Common Benefit Rule (NRS 39.480): Legal fees for the partition are paid from the sale proceeds before distribution. This means Roger effectively pays half your legal fees to sue him.

7. Mortgage Safety (Garn-St. Germain Act)

Fear: "If Roger dies, the bank will foreclose immediately."

Reality: The Garn-St. Germain Depository Institutions Act of 1982 is a federal law that prohibits lenders from enforcing the "Due on Sale" clause when a property transfers to a relative upon death. As long as payments are made, the loan stays.

8. Eric's Immediate Action Plan (First 30 Days)

Phase 1 Complete: Greg and Jerri have resigned, and Eric has accepted the Trusteeship (all documents notarized). You now hold the power.
1
Record the Certificate of Incumbency (Affidavit of Successor Trustee)

Before you can deal with the title company, banks, or Roger, the public record must reflect your authority. (See Section 11 for details on this document).

  • Prepare the Certificate/Affidavit.
  • Attach the notarized Resignations (Greg & Jerri) and your Acceptance.
  • Attach the Death Certificates for Roger Sr. and Esther (if not already recorded).
  • File this package with the Clark County Recorder's Office. This legally links your name to the 50% ownership of 6920 Greenery Ct.
2
Establish Trust Infrastructure
  • Obtain a Federal EIN (Employer Identification Number) for the Trust from the IRS (if one doesn't exist).
  • Open a Trust Checking Account at a local bank using the EIN and your recorded Certificate. You will need this account to receive Roger's rent or the final sale proceeds.
3
Send the Formal Demand to Roger Jr.

Now that you are Trustee, the demand comes from you. See Section 9 for templates.

9. Demand Letters (From Eric to Roger)

Part 1: Do I Need an Attorney?

Use this checklist to decide if you need to hire counsel right now:

✅ DIY (Eric as Trustee)
  • Sending initial demand letters.
  • Negotiating the "Clean Break" sale.
  • Listing the property if Roger agrees.
❌ Attorney Required
  • Filing a "Partition Action" lawsuit.
  • Filing a "Creditor's Claim" in probate.
  • If Roger Jr. refuses to communicate or hires his own lawyer.

Part 2: Draft Letters for Eric to Send

Draft A: The "Soft" Demand (If Roger is Alive & Cooperative)

Use this to open a dialogue and frame the issue as "compliance" rather than a fight.

Date: [Today's Date] To: Roger Pratt Jr., Trustee of the Roger Pratt II Revocable Living Trust Re: 6920 Greenery Ct - Co-Ownership Status Dear Roger, As you may know, Greg has stepped down due to health reasons, and I have assumed the role of Successor Trustee for the Greenery Trust. My first duty is to ensure all Trust assets are productive and compliant with Nevada law. Because the property is currently occupied solely by you without a lease, the Trust is accruing a significant loss in fair market rental income. As Trustee, I am legally required to correct this to protect the interests of all beneficiaries. We have two options to resolve this amicably: 1. **Sale:** We list the property for sale this month. Your Trust receives its 50% share of the proceeds, and we can discuss a settlement regarding the past due rent. 2. **Rent:** You sign a lease for the Trust's 50% interest at fair market value ($1,300/mo) and begin payments immediately. Please let me know by [Date + 7 days] which path you prefer so we can prepare the paperwork. Sincerely, Eric Pratt, Successor Trustee
Draft B: The "Hard" Demand (If Roger is Hostile/Silent)

Use this if Roger ignores you or refuses to cooperate. It creates the legal paper trail for "Ouster."

Date: [Today's Date] To: Roger Pratt Jr., Trustee of the Roger Pratt II Revocable Living Trust AND ALL OCCUPANTS Re: FORMAL DEMAND FOR RENT / NOTICE OF OUSTER Roger, As Successor Trustee of the Greenery Trust (50% Owner), I am writing to formally demand that the Trust be compensated for its share of the property at 6920 Greenery Ct. You have enjoyed exclusive possession of the property since 2016 without paying rent to the co-owner. This constitutes "Unjust Enrichment" under Nevada law. The estimated back rent owed to the Trust for the last 4 years alone exceeds $43,000. **Demand:** I demand that you either (A) Agree to sell the property immediately, or (B) Begin paying $1,300/month in rent to the Trust starting [Next Month 1st]. If I do not receive a written response by [Date + 14 days], the Trust will be forced to file a Partition Action under NRS Chapter 39 to compel the sale of the home and recover the back rent debt from your share of the proceeds. Sincerely, Eric Pratt, Successor Trustee

10. Trustee Succession: The "Jerri Maneuver"

UPDATE: Greg resigned, Jerri accepted and appointed Eric, and Eric accepted. Lisa Notary stamped everything. Eric is officially the Trustee.

You successfully navigated Article IX, Section 3(A) of the Trust. Because Jerri had the "power to appoint an alternate Successor Trustee," her appointment of Eric bypassed any need for court intervention or a corporate bank trustee.

11. Proving Your Authority: The Certificate of Incumbency

Do I need this? YES. Now that you have the signed resignation and appointment papers, this is the document that puts your power into action in the real world.

What is a Certificate of Incumbency?

Also known in Nevada as a Certification of Trust (NRS 164.400) or an Affidavit of Successor Trustee, this is essentially your "Trustee ID Badge."

Banks, title companies, and courts do not want to read a 53-page private trust document. Instead, they require a short, notarized summary that legally certifies exactly who is currently in charge without revealing private beneficiary details.

What Does It Contain?

  • The name and date of the Trust (Roger & Esther Pratt Living Trust, May 19, 2003).
  • A sworn statement that the Grantors have passed away.
  • The chain of events establishing your authority (Greg resigned → Jerri appointed you → Jerri resigned).
  • A list of your specific powers as Trustee (e.g., the power to sell real estate, open bank accounts, and collect rent).
  • Your formal notarized signature.

How You Will Use It (Next Steps)

1. The Clark County Recorder

You must record this Certificate, along with the signed resignations and death certificates, against the property title. This legally links your name to the 6920 Greenery Ct deed so you can sell it or secure a lien.

2. The Bank

You will hand this Certificate and the Trust's EIN to the bank manager to open a checking account in the Trust's name to hold the $43,000 or sale proceeds.

3. Roger Jr. & Escrow

You will attach a copy of this Certificate to your Demand Letters to Roger Jr. so he knows you hold absolute legal authority. The Title/Escrow company will also absolutely require it to close any sale.

12. The "Landlord" Strategy (Eric's Preference)

Eric is okay with Roger Jr. living in the property, provided the financial bleeding stops. This is the "Stay & Pay" strategy.

The Goal: Convert "Dead Equity" into "Monthly Income" + "Secured Debt."

Strategy A: If Roger Can Pay Monthly

Roger signs a standard residential lease for the Trust's 50% interest.
Rent: $1,300/month (50% of market value).
Benefit: The Trust finally gets cash flow.

Strategy B: If Roger is "House Rich, Cash Poor" (Cannot Pay)

Option 1: The "Grand Bargain" Promissory Note
Roger signs a Promissory Note secured by a Deed of Trust against his 50% share of the house.
  • Amount: Can cover the full 9 years (~$100k) if he agrees. This note becomes a new contract, bypassing the 4-year Statute of Limitations.
  • Terms: No monthly payments required. Interest accrues. Full amount due upon sale or death.
  • Result: He stays for free now, but the Trust gets paid later from his equity.
Option 2: Equity Drawdown (Monthly Deduction)
If he refuses the big note, we deduct $1,300/mo from his future inheritance share every month he stays. This is risky if he lives too long and eats up all his equity.

Template: Stay & Pay Offer

Dear Roger, We want you to be able to stay in the home, but we must stop the financial loss to the other beneficiaries. We propose a simple solution that allows you to stay: 1. **Lease:** We sign a standard lease where you pay $1,300/mo to the Trust starting next month. 2. **Back Rent:** We acknowledge the past due amount (~$43k) but will not require immediate payment. Instead, we will secure this amount against your share of the property via a Promissory Note, to be paid only when the house is eventually sold or transferred. *If you cannot afford the monthly rent, we can discuss adding that to the Promissory Note as well, deducting it from your final share of the house.* This allows you to remain in the home indefinitely while ensuring fairness to the other brothers. Sincerely, Eric Pratt, Trustee

13. Can We Evict Other Occupants (e.g., Layleen)?

The Core Rule: Generally, No, not while Roger is there and consenting.

The "One Owner" Veto: As a 50% owner, Roger has the right to possess the entire property. He also has the right to invite guests (licensees). If he says Layleen can stay, the Trust (the other 50% owner) cannot easily evict her without evicting Roger too.

The Financial Remedy

Instead of physical eviction, we use Financial Pressure.

  • If Roger moves people in, he is enjoying 100% of the property's utility.
  • This strengthens our "Unjust Enrichment" claim. We argue: "Roger is not just living there; he is running a boarding house at the Trust's expense."

14. Can Eric Move In or Rent Out Rooms?

✅ Option A: Eric Moves In
  • Legal Right: Yes. The Trust owns 50% and has equal right to possession. Eric (as Beneficiary/Trustee) can occupy the Trust's share (Article VIII(11)).
  • Effect: Roger cannot kick Eric out. It stops the "Ouster" clock.
  • Downside: High conflict living situation.
❌ Option B: Renting to Strangers
  • Legal Right: Technically yes, but...
  • Reality: Roger will likely block access, change locks, or harass tenants.
  • Risk: The Trust could be sued by the tenants for "breach of quiet enjoyment." Not recommended.

15. The Trust Document Decoded

A plain English breakdown of the 2003 Roger & Esther Pratt Living Trust and how it affects this specific conflict.

Article IV & V: The Original Split

When the first parent died, the Trust split into two parts: "Survivor's Trust A" and "Family Trust B."

Why it matters: This confirms that the assets are now governed by the irrevocable rules of "Trust B" (the family portion), which sets up the distribution to the children.

Article VI: The "Survivor Takes All" Clause

Section 3: Directs the Trustee to divide assets into shares for the surviving children.

Section 5: Explicitly states that if a child dies *before* receiving their full share, their remaining share is distributed to the "Grantors' then living children."

The Golden Rule: This confirms that if Roger Jr. passes away before the house is sold/distributed, his 25% interest in the Trust vanishes and is split among Greg, Eddie, and Eric. Roger III gets *nothing* from the Trust side.

Article VIII, Section 11: The "Greg's Shield" Clause

This section authorizes the Trustee to "permit any person having interest in the Trust to occupy any real property... rent free."

The Problem: This is why we can't easily sue Greg for past negligence. He was technically allowed to let Roger live there for free.
The Strategy: Eric, as the new Trustee, must revoke this permission immediately, citing the financial harm to the other beneficiaries.

Article IX: Who is in Charge?

Section 3(A): Names Jerri Pratt as the specific successor to Greg.

The "Jerri Maneuver": Because Eric is not named, we used the specific legal sequence (Greg resigns -> Jerri appoints Eric -> Jerri resigns) to install Eric as Trustee without going to court.

16. Comprehensive FAQ

Can we skip the "Corporate Trustee" Requirement?

Yes. The requirement for a Bank/Corporate Trustee in Article IX only applies if the beneficiaries vote to fill a vacancy. Because Jerri Pratt had the specific power to appoint her own successor, she appointed Eric directly, bypassing the corporate requirement entirely.

Greg never officially said "Rent Free," he just stayed silent. Does that help us?

Yes. Article VIII, Section 11 allows the Trustee to *permit* rent-free living, but it implies an active decision. If Greg never formally granted this in writing, you can argue that Roger was there by negligence, not permission. This strengthens the argument that Roger was "Unjustly Enriched" because he never received a formal grant of benefit.

What if Greg had refused to act?
Trustee Negligence

Since Greg resigned, this is a moot point. However, if he hadn't, he would be breaching his fiduciary duty. We could have petitioned to remove him under NRS 163.115. Furthermore, under NRS 163.160, a Trustee can be held personally liable ("surcharged") if their negligence causes the Trust to lose money.

How can I demand an accounting?
Beneficiary Rights

Now that Eric is Trustee, he *controls* the accounting. However, under NRS 165.141, any beneficiary can formally demand an account from the acting Trustee.

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

Under NRS 11.190, the Statute of Limitations for an "unwritten contract" or "unjust enrichment" is 4 years. Any rent owed from 2016-2021 is likely considered "stale" and uncollectible by the courts.

Additionally, Roger can argue the defense of Laches, which means "you waited too long to complain, so you consented to it." This is why we focus only on the last 4 years to be safe.

Did the new Trust start the 90-day clock?
Estate Claims

No. The 90-day creditor window only opens when Roger Jr. dies AND notice is published. The transfer to his Living Trust does not trigger this. However, the 4-year Statute of Limitations on back rent is running *right now*. Waiting is still dangerous.

Can Roger's new Trust hide the asset from debt?
Trust Law

No. A revocable living trust provides zero asset protection against creditors during the grantor's life. If Roger owes the debt personally, his Revocable Trust owes it too. We can sue "Roger Pratt II, Trustee" directly. Even after death, trust assets are liable for the settlor's debts if the probate estate is insufficient.

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

Technically, no single owner has exclusive rights unless agreed upon. As a beneficiary and now Trustee, Eric 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 the bank foreclose if Roger dies?
Mortgage Protection

No. The Garn-St. Germain Depository Institutions Act of 1982 prevents lenders from enforcing the "Due on Sale" clause when a property transfers to a relative upon death. As long as the monthly payments are made, the loan stays.

What about Layleen?
Occupancy

Layleen is not on the Deed. If she is living there, she is a guest or unauthorized tenant. This actually helps your legal case for "Unjust Enrichment" because the Trust is subsidizing a non-owner. Important: Any eviction notice must say "And All Occupants" to legally include her.

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 $43,000 recovered is better than receiving $0 because Roger III kept it all.

CONFIDENTIAL: TRUSTEE FIDUCIARY ALERT

Subject: Fiduciary Risk Assessment for 6920 Greenery Ct

ATTENTION: GREG PRATT, TRUSTEE

⚠️ Fiduciary Health Dashboard

Asset Productivity CRITICAL FAILURE (0% Yield)
Beneficiary Impartiality BREACHED (Favoring 1 over 3)
Current Monthly Loss
$0
Current Annual Loss
$0

⚖️ Trustee Personal Liability Risk

The Law: Under NRS 163.160, a Trustee is personally liable ("Surcharge") for losses caused by failing to make trust property productive.

Estimated Surcharge Risk: $0
(If beneficiaries sue, the court can order the Trustee to pay this amount out of pocket.)

🛑 The New "Trust vs. Trust" Conflict

Roger Jr. moved his share to the "Roger Pratt II Revocable Trust."

This confirms his 50% share goes to his heirs (Roger III), NOT the Greenery Trust.

The Breach: By failing to collect rent from Roger's Trust, the Greenery Trust is actively subsidizing Roger III and Layleen at the expense of the actual beneficiaries (Greg, Eddie, Eric).

✅ Safe Harbor Path (Immediate Action Required)

To eliminate Trustee liability, we must offer Roger Jr. three choices:

Option A: The Clean Break (Recommended)
Sell the house immediately. Roger's Trust walks away with its full cash share (~$266k). The Greenery Trust waives the back rent debt. (This stops the bleeding immediately.)
Option B: The Escrow Settlement
We sell the house, but we instruct Escrow to deduct the $43,000 back rent from Roger's share at closing and pay it to the Trust. This avoids lawsuits but still recovers the money.
Option C: The Creditor Claim
If he refuses A or B, the Trust must file a lawsuit against the "Roger Pratt II Trust" for "Unjust Enrichment" and "Partition."

🚪 If You Are Unwilling to Act

If the conflict of interest with your brother prevents you from enforcing the Trust's rights, you must protect yourself by choosing one of these paths immediately: