DVC title after death of spouse

jekjones1558

Always happy at Disney
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Oct 1, 2000
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I tried a couple of different searches but must not be using the correct terms; sorry if this has been asked many times before.
My husband's name and my name are both on the titles of our contracts. He has recently passed away and I am trying to figure out all of the legal stuff. I want to avoid probate court when I die. Should I add another person's name to the titles so that the contract would not need to go to probate but that person would get full ownership when I die? Has anyone dealt with this.
 
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I tried a couple of different searches but must not be using the correct terms; sorry if this has been asked many times before.
My husband name and my name are both on the titles of our contracts. He has recently passed away and I am trying to figure out all of the legal stuff. I want to avoid probate court when I die. Should I add another person's name to the titles so that the contract would not need to go to probate but that person would get full ownership when I die? Has anyone dealt with this.
Jean, I’m so sorry to read about your DH’s passing. I can’t help you with your question.

Bobbi
 
Jean, I’m so sorry to read about your DH’s passing. I can’t help you with your question.

Bobbi
It was a very hard journey for Bob. I know that I am supposed to be happy that he is now happy and pain free but instead I am feeling sad. I just don't want the DVC contracts that we have left going to probate when I die. MN has a "Transfer on Death" deed but I don't think that FL does.
 
Jean....I remember you posting on here and how much you loved the BoardWalk Villas. You were very devoted to your husband when he started having difficulties. I’m sorry for your loss.

Somewhere on the purchasing DVC thread some has written detailed instructions on adding someone to a title. I don’t know how to link a post here, but I’m sure someone will chime in with it. I remember you did sell a contract or two. It does cost some $$ to have a title company do the work and it can be cumbersome unless you have a trustworthy person helping you.

Best wishes to you.
 

I'm sorry for your loss. The answer will depend in the way you hold title. Florida has many choices, and we do not know what you chose.

I thought you could see it on the Comptroller, but I just pulled a recent one, and I don't see it there either. I'd start by calling the Florida Comptroller. You aren't the first one to call with these questions. You might just be able to fill out a form and send in a death certificate.
https://occompt.com/
Once you get clear title, there are a lot of ways to proceed, like a gratuitous transfer. I would never hold joint property with anyone who isn't a spouse.
 
Jean....I remember you posting on here and how much you loved the BoardWalk Villas. You were very devoted to your husband when he started having difficulties. I’m sorry for your loss.

Somewhere on the purchasing DVC thread some has written detailed instructions on adding someone to a title. I don’t know how to link a post here, but I’m sure someone will chime in with it. I remember you did sell a contract or two. It does cost some $$ to have a title company do the work and it can be cumbersome unless you have a trustworthy person helping you.

Best wishes to you.
Thank you. I tried calling MS but got a recording saying that the office is closed??? I am just wondering if FL has something similar to a Transfer on Death deed instead of adding someone to our contracts. I only have 3 contracts left now.
 
I'm sorry for your loss. The answer will depend in the way you hold title. Florida has many choices, and we do not know what you chose.

I thought you could see it on the Comptroller, but I just pulled a recent one, and I don't see it there either. I'd start by calling the Florida Comptroller. You aren't the first one to call with these questions. You might just be able to fill out a form and send in a death certificate.
https://occompt.com/
Once you get clear title, there are a lot of ways to proceed, like a gratuitous transfer. I would never hold joint property with anyone who isn't a spouse.
Thanks for the info. I do have the titles so I guess I should dig them out and look at how they are titled before I do anything else.
 
I’m so sorry for your loss, wishing you peace at this very difficult time.

I did find a thread from 2010, It might be of some help
https://www.disboards.com/threads/dvc-ownership-when-a-spouse-dies.2450147/
How kind of you to find this thread. It actually did have some very good information and I will call MS next week to verify that nothing has changed regarding right of survivorship. But I still don't know how to move forward so that my DVC doesn't end up in probate if I die.
 
But I still don't know how to move forward so that my DVC doesn't end up in probate if I die.

I am assuming your kid is an adult. Once you figure out the title, you could title it now to your kid (gratuitous transfer) and figure out among yourselves how to divide up the points.

Maybe its time to talk to a local estate attorney anyway and get everything in order. The medical forms, your documents, all of that. Watching someone grieve and try to deal with silly details in an estate like this one is a good motivator to get this stuff done.

I also worry about my deeds entering probate. They are all in my name, so if I die it would be a mess. If I were buying direct right now, I would do it as an LLC in my home state. At least I didn't buy Aulani, that one is worse, so I hear.

If you are titled like most married couples are, this should be simple.
 
If you have a living trust, you can title your contracts into the trust, as well as your home and other accounts. You will need a lawyer to set it up. It is usually more expensive than a will, but one of the advantages is that you avoid probate. Helpful, especially if you own property in more than one date. Trusts are also private. Wills go through probate and are not private. Don't forget to update the beneficiaries on your accounts. Lots to do. So sorry for your loss.
 
MN has a "Transfer on Death" deed but I don't think that FL does.
So sorry for your loss. My brother (widower) used a lady bird deed in FL for his house to pass to his two children upon his death. It worked out quite well when he passed and avoided probate. It sounds similar to what you mentioned you have in MN.
 
If you have a living trust, you can title your contracts into the trust, as well as your home and other accounts. You will need a lawyer to set it up. It is usually more expensive than a will, but one of the advantages is that you avoid probate. Helpful, especially if you own property in more than one date. Trusts are also private. Wills go through probate and are not private. Don't forget to update the beneficiaries on your accounts. Lots to do. So sorry for your loss.

I was going to suggest the same. My fiance and I have 4 contracts together- he is an Estates & Trusts attorney. Ours are all in our trust.
 
My husband and I have wills but maybe now that I am alone a trust would make more sense. I hate this stuff. I guess I will just have to bite the bullet and make an appointment with the lawyer.
Thank you to all of you for your kind input. I haven't been active on here for about 5 years when travel became impossible for us. I have forgotten how kind and helpful DISers are.
 
I am so sorry for your loss Jean.

I do remember your username. Definitely have not "seen" you in a while. Sorry to see why.

I would definitely consult with an attorney for all your affairs besides DVC. We did this with my mom after dad passed. Now they are both gone :(. Wishing you peace and may your husband Rest In Peace.
 
Unless you requested otherwise at the time of sale to the two of you, the deed you received would have been in your names as "husband and wife" or similar language (check the deed to make sure). That created a tenancy by the entirety under Florida law (the strongest form of joint tenancy) and, upon his death, you legally became the sole owner of the property, and it does not go through probate.

However, unless a change is made, upon your death, the property will be subject to probate in Florida. One way to potentially avoid that is to add another owner, such as an adult child. That addition would actually be done by creating a new deed under which you transfer ownership to yourself and the added person and make sure it is done so the new deed says "joint tenancy with right of survivorship," which, like tenancy by the entirety (which is limited to married couples), would result in avoiding probate again if one of the owners dies in the future. Note that transfer and the change of title requires filings with the Orange County, Fl comptroller, and requires payment of certain transfer fees and taxes. Though it is considered best to retain a lawyer to make that change, DVC can provide some information on doing it and hiring a title company that does these kinds of changes often is one way to attempt it.

Adding someone to the title has risks. The property could be subject to forced sale to pay off debts of one of the owners if one of the owners gets into serious financial problems. And there is the possibility that the two owners could later have disagreements that affect the use of the property.

A second way to avoid probate, and actually avoid probate for any property you now own alone (such as the home you live in and even valued personal property) is to create what is called a revocable living trust. Safety dictates that you should have a lawyer involved in doing that. Under such a trust, the trust entity created would be deemed the legal owner of any property, and the property would be transferred by deed to the trust, and you would be the beneficial owner, with essentially complete power over the the property until you die. The property would avoid probate upon your death because the trust will still be "alive' and own the property. Typically such trusts are created along with a will, under which both real and personal property goes to the trust upon death and the trust defines who gets the property upon your death.

Note that avoiding probate, though it is considered a favorable move, does not mean the property escapes applicable federal and state estate or other taxes upon your death. Those apply upon your death regardless of whether probate is avoided, and regardless of whether you added someone else still living to the deed. In fact, all taxes possibly apply now upon your husband's death but because of exemptions applicable to married couples upon the death of one, and very high (millions) exemptions generally, your husband's estate and you will likely not owe any estate taxes unless you are very rich.
 
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Unless you requested otherwise at the time of sale to the two of you, the deed you received would have been in your names as "husband and wife" or similar language (check the deed to make sure). That created a tenancy by the entirety under Florida law (the strongest form of joint tenancy) and, upon his death, you legally became the sole owner of the property, and it does not go through probate.

However, unless a change is made, upon your death, the property will be subject to probate in Florida. One way to potentially avoid that is to add another owner, such as an adult child. That addition would actually be done by creating a new deed under which you transfer ownership to yourself and the added person and make sure it is done so the new deed says "joint tenancy with right of survivorship," which, like tenancy in the entirety (which is limited to married couples), would result in avoiding probate again if one of the owners dies in the future. Note that transfer and the change of title requires filings with the Orange County, Fl comptroller, and requires payment of certain transfer fees and taxes. Though it is considered best to retain a lawyer to make that change, DVC can provide some information on doing it and hiring a title company that does these kinds of changes often is one way to attempt it.

Adding someone to the title has risks. The property could be subject to forced sale to pay off debts of one of the owners if one of the owners gets into serious financial problems. And there is the possibility that the two owners could later have have disagreements that affect the use of the property.

A second way to avoid probate, and actually avoid probate for any property you now own alone (such as the home you live in and even valued personal property) is to create what is called a revocable living trust. Safety dictates that you should have a lawyer involved in doing that. Under such a trust, the trust entity created would be deemed the legal owner of any property, and the property would be transferred by deed to the trust, and you would be the beneficial owner, with essentially complete power over the the property until you die. The property would avoid probate upon your death because the trust will still be "alive' and own the property. Typically such trusts are created along with a will, under which both real and personal property goes to the trust upon death and the trust defines who gets the property upon your death.

Note that avoiding probate, though it is considered a favorable move, does not mean the property escapes applicable federal and state estate or other taxes upon your death. Those apply upon your death regardless of whether probate is avoided, and regardless of whether you added someone else still living to the deed. In fact, all taxes possibly apply now upon your husband's death but because of exemptions applicable to married couple upon the death one, and very high (millions) exemptions generally, your husband's estate and you will likely not owe any estate taxes unless you are quite rich.
Wow. Lump in my throat that you would take so much time to post this beautifully explained info--again proving that DISers are a special group. You have sealed the deal, drusba. As soon as the death certificates arrive, I will talk to the lawyer who did our wills to see if a trust might now be a better option. My humble thanks to you, drusba.
 












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