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Old 09-29-2012, 03:19 PM   #1
Ringo73
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FL Real Estate Lawyer - Recommendations?

I'm currently looking for recommendations for a reputable Florida real estate lawyer to help with the transfer of a DVC interest from my father's estate.

Thank you in advance for any help, recommendations or advice.
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Old 09-29-2012, 03:31 PM   #2
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If it's as cut and dry as you say, it should be as simple as contacting member services and providing proof or death and transfership (executed will). YOUR attorney should be able to do this. If you were the executor, it would just make it even easier and cleaner.

I'm not really sure what they require, but I can't imagine why you should need an attorney unless you're contesting something, in which case, that would be handled in the area in which the will is jurisdicted.
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Old 09-29-2012, 06:55 PM   #3
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I would suggest that you contact member services. I am recently divorced and need to have DVC transferred from ex to me. They told me that even though both of our names are on the documents since it is a transfer I have to go through another closing and it would cost me $575 for each contract I have in FL ( I also have 2 DVC HHI contracts). They rattled off a name of a company that they deal with but I did not bother to write it down as I was not officially divorced at the time I called and was just trying to figure out what I had to do. Not sure if this will be the same for your situation but thought I would tell you what they told me so you would not be as shocked as I was. I guess I was naive and thought it would be easier and cheaper.
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Old 09-29-2012, 08:30 PM   #4
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Call Member Administration, not Member Services -- same phone number, different voice mail prompt. They are the folks who would handle this.

You should not need an attorney fur such a routine change.
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Old 09-29-2012, 08:46 PM   #5
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Quote:
Originally Posted by Ringo73 View Post
I'm currently looking for recommendations for a reputable Florida real estate lawyer to help with the transfer of a DVC interest from my father's estate.

Thank you in advance for any help, recommendations or advice.
You don't need a lawyer to do a transfer, you may need a closing service. You can do it yourself for maybe $50 for a single contract, more for multiple together. Timeshare Traders and Transfers will do it for $95 plus recording fees though you may have to get your own ROFR, easy. There are several that specialize in timeshares that will do it for around $275-300 including JRA and timeshare transfers. A couple will do parts only like deed prep.

What you could need a lawyer for is if you need to go through probate. This I'm not nearly as familiar with.
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Old 09-29-2012, 08:52 PM   #6
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Thanks everyone. Your suggestions and comments are very helpful.

My sister and I are the sole 50/50 beneficiaries and the co-executors. I'm also a DVC member, but my sister is not. My Dad had 220 points. What I'd like to do is have 160 points go to my sister so that she has the minimum amount of points for a membership and then I'd add the remaining 60 points to my existing membership.
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Old 09-29-2012, 09:00 PM   #7
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Originally Posted by Ringo73 View Post
Thanks everyone. Your suggestions and comments are very helpful.

My sister and I are the sole 50/50 beneficiaries and the co-executors. I'm also a DVC member, but my sister is not. My Dad had 220 points. What I'd like to do is have 160 points go to my sister so that she has the minimum amount of points for a membership and then I'd add the remaining 60 points to my existing membership.
Unless you have 2 contracts of 160 & 60, you can't split them up. You'll either need to put it in both your names or chose one or the other. I'd vote against joint ownership.
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Old 09-29-2012, 09:00 PM   #8
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Quote:
Originally Posted by Ringo73 View Post
Thanks everyone. Your suggestions and comments are very helpful.

My sister and I are the sole 50/50 beneficiaries and the co-executors. I'm also a DVC member, but my sister is not. My Dad had 220 points. What I'd like to do is have 160 points go to my sister so that she has the minimum amount of points for a membership and then I'd add the remaining 60 points to my existing membership.
There is no "minimum membership" as far as number of points go. There USE to be a minimum buy-in of 160 points at retail direct a few years ago, but even that seems to be a floating number of late.

What you ARE limited to is how your contracts are now. For example, if there's only one master and the whole 220 points are in it, I'm pretty sure you can have it deeded to the two of you together but you can't split it up into two seperate contracts as you proposed (unless they are already allocated that was as a master contract and a sub(s)).
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Old 09-29-2012, 09:00 PM   #9
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Quote:
Originally Posted by Ringo73 View Post
Thanks everyone. Your suggestions and comments are very helpful.

My sister and I are the sole 50/50 beneficiaries and the co-executors. I'm also a DVC member, but my sister is not. My Dad had 220 points. What I'd like to do is have 160 points go to my sister so that she has the minimum amount of points for a membership and then I'd add the remaining 60 points to my existing membership.
Unless your father had two contracts of 160 and 60 points you won't be able to divide the contract in that manner. You may be better off transferring ownership to one (or the other) of you and debit that value to the other to settle the estate. DVC contracts cannot be sub-divided.

However, you could transfer ownership deeded to both you and your sister together but it might be wiser to just accept the transfer yourself and compensate your sister elsewhere from the estate.
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Old 09-29-2012, 09:01 PM   #10
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Unless you have 2 contracts of 160 & 60, you can't split them up. You'll either need to put it in both your names or chose one or the other. I'd vote against joint ownership.
Didn't see your post until I had already posted mine.

The bold? VERY good advice, IMO.
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Old 09-29-2012, 09:02 PM   #11
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We all three hit it at the same time. THAT'S FUNNY!
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Old 09-29-2012, 09:05 PM   #12
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FWIW, you can be a FULL member with FULL benefits with a 25 point contract, and that's only because Disney won't write a smaller contract for an add-on. That contract becomes a master contract if someone buys it at resale and has no prior contract.

There are many of them from before the changes to the resale rules and even now, it doesn't affect your being a full member, only how you can use resale points.
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Old 09-30-2012, 12:05 AM   #13
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After you talk to member administration, please let US know what they say. Last thing I read Florida Real estate and inheritance laws for out of state owners is odd. It is one reason people put these things in trusts.
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