Deed for living trust

[Jamie]

We are getting ready to set up a living trust. The lawyer needs a copy of any real estate deeds. Is there a place on the DVC website for this? I haven't had time to call and check. Thanks for your help.

 

[miTnosnhoJ]

You should have a copy of your deed.

You can also see a copy on the Orange County Controllers web site, assuming you own at Disney World. (This will not work for HHI, Vero, or Aulani.)

 

[RobDoc]

Our DVC Resource Center has links to county records where DVC are located. You should be able to retrieve your deed from the appropriate County Assessor's Office.

Here is a link to that information from the DVC Resource Center.

 

[Jamie]

Thanks so much. I am sure I have it somewhere but it only took about 10 seconds to find it online.

 

[BWV Dreamin]

FYI you will need to have those deeds retitled into the name of your living trust if you want them included in your trust.

 

[Disneypapa]

My Living Trust attorney did not want me (a non Florida resident) to put my DVC real estate interest in my Living Trust. Do not remember the details, may have had something to do with my estate incurring additional expenses at my demise by having to open two court proceedings in two different states just to handle the timeshare. Since, I am widowed, we changed the deed to a JTWROS with my son, who would have inherited the real estate interest anyway.

 

[BWV Dreamin]

Actually including your DVC titles in your trust avoids probate. We have it set up that if non of our children want them they can be sold. Very easy process.

 

[CarolMN]

My Living Trust attorney did not want me (a non Florida resident) to put my DVC real estate interest in my Living Trust. Do not remember the details, may have had something to do with my estate incurring additional expenses at my demise by having to open two court proceedings in two different states just to handle the timeshare. Since, I am widowed, we changed the deed to a JTWROS with my son, who would have inherited the real estate interest anyway.

Actually including your DVC titles in your trust avoids probate. We have it set up that if non of our children want them they can be sold. Very easy process.

Agree with BWV Dreamin. For those with property in more than one state, one of the advantages of a trust is avoiding probate. That said, JTWROS should also avoid probate when the 1st of the owners dies. Neither option avoids estate taxes if they apply. IANAL.

 

[drusba]

My Living Trust attorney did not want me (a non Florida resident) to put my DVC real estate interest in my Living Trust. Do not remember the details, may have had something to do with my estate incurring additional expenses at my demise by having to open two court proceedings in two different states just to handle the timeshare. Since, I am widowed, we changed the deed to a JTWROS with my son, who would have inherited the real estate interest anyway.

If your living trust attorney actually told you not to put the deed in a living trust because it would result in probate proceedings in Florida, then you need a new attorney. I cannot think of any valid legal reason for your not putting the property into your living trust. The solution chosen, however, is OK and would have been a choice if what you actually wanted to do was make your son one of the member/owners now so he can use the points and get all the member benefits without your being on his trips to Disney. Since I do not know what else your attorney told you about the addition of your son to the deed, you should also be aware that the transfer of interest to your son via adding him to the deed could, if the value of the transfer exceeds that amount of the allowable annual exclusion for an individual gift ($14,000), result in your having to file a federal gift tax return, form 709 (you would not actually have to pay any taxes, at least on the federal level, but the filing is required to show amounts that may later be deductible from your total estate exemption for gifts).