Complicated contract question---HELP!

[castleri]

Mic-
Seems to me that you should just offer to make vacation plans for your sister and nephew every few years using your own points in DVC. I don't see the point in getting her involved in owning anything DVC.

Or since you seem more concerned about your nephew getting a chance to see and experience Disney....why not just take him with you on one of your trips. What a treat it would be to show him the World!

Was just about to post the same comments as HM - then in 15 or so years you can figure out how to deed some of the Disney magic to him if he is interested and proves to be financially more responsible than his relatives.

It doesn't sound as if your sister would be able to make the triips anyway without some help since you also have to take into account tickets, transportation and food.

You are to be commended for your concern and caring with regard to your nephew and hope you find a way to make some magical moments for him. Giving your sister DVC points when she obviously has little sense of financial responsibility is not really doing her any favors. Good luck and may you have many magical trips.

 

[Gren]

Mic-
Seems to me that you should just offer to make vacation plans for your sister and nephew every few years using your own points in DVC. I don't see the point in getting her involved in owning anything DVC.

I would agree with this... Keeping those points and setting them aside to make them available for your sister without actually transferring them to a separate account seems like it would be a more sensible option. There would always be the inconvenience of having to make the reservations in her name (when/if she is able to afford the rest of the cost associated with a trip to WDW), but it seems that that would be overshadowed by the benefit of having all of your points available on one contract.

 

[lizziepooh]

If she has lost her house, can't handle money and has cancelled on you that many times, I don't think owning her own DVC points with you is going to fix things. I would not want to pay for points and maintenance fees, only to have those points go into holding or be lost because she has to cancel.

If you want to provide a room for her, maybe you should just offer to pay for a room at a value or moderate resort as soon as she gets the money together for the airfare, tickets, food, etc. I think room only reservations thru CRO can be cancelled within 5 days, so you would have lots more cancellation flexibility than with DVC. Honestly, it doesn't sound like she is a good candidate to be able to plan trips with DVC points.
I understand your concern for your nephew. Maybe if you keep offering to take him, she will decide to let him go and experience Disney. I know you are trying to do something really nice, but you may want to re-think your plans. Good luck.

 

[Dean]

As noted, you could do one of several things. You could add her an an associate. You could buy a small contract such as 25 pts at AKV and then change the registration. You could spin off something you have now. Or you could change all you have now. As noted, you could not realistically change anything that is financed. Practically the best ways to do this would be to end up with a small contract that includes her name and yourself and spouse. You'd need ROFR as noted and to change the deed. Total cost as low as $50 or as high as $450 depending on how you do it.

But given she's already a problem in general from what you've posted and related to the DVC trips, this is a disaster looking to happen. I'd stop planning any trips that were dependent on her in ANY way even indirectly. I'd make that clear to the other family members involved including your Mom.

I'd also heed the warning that DVC would end up part of her assets if she had financial issues once her name was added to any deed.

 

[dianeschlicht]

Mikesmom and HM-
Of course, you're right about just making the plans for my sister every few years. Unfortunately, that is what I've been doing since mid-2004, and she always cancels at the last minute. Thanks largely to my sister, I am now very familiar with "holding points". A typical scenario for us is: my sister calls, usually looking for an overnight sitter for my nephew, about twice a month. On occassion, I have had to decline because we will be at Disney. She even once called my cell phone while I was on the monorail! She always says she wishes they could afford to go, and take my nephew, since my parents took her and her older son years ago. I always let her know when our next trip will be, and offer to make a room reservation for her(for FREE!!!). She seems excited, and tells me to go ahead. She always bails within the last 30 days, though, leaving me with holding points. She usually wants to go over a holiday, so I've been left with Christmas/New Year's points, as recently as 3 months ago! Her reasons for cancelling have been: she just started a new job, and could not take the time off work(3 times, 3 different jobs), she could not afford the tickets(twice), and she(and/or my nephew) was sick, which was the reason last December. My husband has said "No more", so I am no longer allowed to make reservations for her. I feel so bad, since I have given free rooms to everyone else in our family. Her son is the only neice/nephew on my side who has not been to Disney. And I have offered to take my nephew, but my sister insists they go as a "family". My husband thinks she is just waiting for me to pay for her room AND tickets, and he has refused to do that, too. Well, he did not refuse, per se, but he has let me know that if we pay for my sister's family of 3, then I had best be prepared to pay all expenses for his brother's family of 7 to go on our next trip!! So I am in a pickle of sorts. If I have a few points to use just for her, then my husband will not complain about me using "our" points to book her room. Also, a small contract would only allow me to book a room every other year, and if she cancels last-minute, then only those points(no more than 100) will be in holding. I will not feel guilty if she fails to re-book and loses the points. I have put in calls to 2 different DVC resalers, so hopefully a small contract will come through soon. Thanks everyone!

THis post along with a previous one where you say your sister is not fiscally responsible leads me to believe you are trying to "help" your sister do things she obviously isn't responsible enough to handle. If you REALLY want your sister to grow up, don't enable her. Now, as for the nephew... Why don't you take him along on one of your trips? No need to worry about Sis cancelling, because she wont have to go along.