Hi, wondering if anyone has had any more recent situations regarding Disney and probate. My Husband and I, along with his Parents, purchased at Old Key West in mid 90's. My Husband is listed as Purchaser, and myself and my In-laws listed as Co-Purchasers. Unfortunately, everyone is now deceased. I livd in MI, just recently moved to FL since recent passing of my Husband. We had a Trust, but our MI Attorney told us since the Disney property was not deeded, it was not required to go into trust. It would fall under rights of Survivorship.
Looking at selling it, since I now live close to Orlando, but not sure if there will be any issues?
I am confused by your being told it is not deeded, but also told it would fall under rights of survivorship, and then also being told it is not in the Trust. You need to get your current situation clarified because:
1. All DVC properties are deeded.
2. It appears you have multiple purchasers (apparently 4) that would appear on the deed. The key for you is to find a copy of the deed, if you do not already have one, in your family's records or via a search at the Orange County, FL search site
https://or.occompt.com/recorder/web/?
3. The fact that you are being told the timeshare falls "under rights of survivorship," indicates to me the possibility that when the property was purchased the deed was made to provide that the ownership of the multiple owners was joint tenancy with right of survivorship (those words would appear on the deed if that was done). If that is the case, and all owners other than you have now died, then the property now belongs solely to you and there is no probate to be done as to the property, except that its value needs to be included in your husbands evaluation of total estate to determine whether any estate taxes are owed (unlikely unless the two of you were multi-millionaires).
4. If the property was not deeded as joint tenancy with rights of survivorship or words to that effect, then you may have some very serious probate issues, because if the property was in "tenancy in common" and the other owners are now deceased, and nothing was done with the property in probate when the in-laws died, then the current ownership situation is that besides you, the in-laws other surviving children could claim ownership of half.
5. As to the trust, I do not know anything about the actual trust, but possibly the two of you set up living trusts which did not include the property, likely because not could not that when there were two other owners.
In other words, you need clarification of your actual situation, because, as noted in 3 above, if you are the sole surviving joint owner, you do not need to do anything at all about the property right now because you are the sole owner, although if you decide to sell it, you may want to get the deed changed to reflect that you are now the sole owner.
