DVC Probate Situation

[DVCSunDevil]

Yes, he left no beneficiaries but once the divorce is finalized, everything is null and void between the spouses. The divorce decree is your legal binding document and must go off of that. A good example was my Dad's IRA. My mom was listed as the beneficiary (he never changed it) but since their divorce was already finalized and he passed away, that is null and void which then goes to your next of kin which would be my brother and myself. My brother and I ended up splitting his retirement IRA even though my mom was listed as beneficiary. She didn't get any of it. I have contacted member services and they are aware of everything. I am currently going through probate in the state of Florida but it seems to take forever. It would be nice to come to an agreement with my mom but she isn't cooperating with my Brother and Myself. She wants to sell everything for the money which she can't do legally anyways otherwise we could sue her for that. We want to keep it. It was my dad's passion and we want to keep that going obviously. It is sad it has come to this but we have to do what we need to do. I have all the deeds, what am i specifically looking for in those deeds or what kind of language am I looking for? Thanks

I really have nothing to offer in terms of knowledge of how to handle this, but I wanted to chime in to give you my condolences. This entire situation sucks for you and your brother. It's a really tough and sticky situation because of the dynamics, but it sounds like things will get worked out since you have the divorce decree. That has to count for something, right?

Anyway, good luck and keep us posted. I hope you and your brother have years of DVC visits in your future!!

 

[Mm99]

Here is the backstory and I wanted to see if anyone has been in a similar situation. My dad passed away last year in January. He has 6 different contracts with a total of 720 points. He had no will and did not list any beneficiaries. I have already started probate in the state of Florida and am currently going through the process. We currently reside in Wisconsin. My mom is also listed on the contracts as a co-owner. They were officially divorced 8 months before he passed away. In the divorce decree, it clearly states my dad was to get sole ownership of the DVC timeshare. Of course, he did not take her off the title and deeds in time which makes things more complicating. My lawyer states he is almost 100% sure she will not get any of the timeshare but will need her cooperation to take her off the titles and get it solely in my dad's name which then would be transferred over to my Brother and I. We plan on keeping the DVC Timeshare. What is everyone's thoughts? My mom claims it is still hers and she wants to sell it. Also, he had one contract in South Carolina at Hilton Head. Do I need to open up a Probate in the state of South Carolina as well? Thank you

I’m in a very similar situation. What lawyer are you using?

 

[yanni2]

I’m in a very similar situation. What lawyer are you using?

I’d be interested in what lawyer you’re using as well. Mom passed away… no will… nothing to probate except DVC. Literally nothing else. We are in California

 

[rosonj071821]

I’d be interested in what lawyer you’re using as well. Mom passed away… no will… nothing to probate except DVC. Literally nothing else. We are in California

If you email disney vacation club member services and explain the situation. They will give you list of lawyers experienced in this