How do you transfer your DVC to your children?

Ed T

DVC Member/OKW 1993
Joined
Mar 21, 2000
Messages
696
Other than having your DVC listed in your will and transferring the ownership to your children that way is there a way to get your children listed on the deed any other way? Would you have to have a new closing and is this possible? I was told by our sales guide that children have to be 18 or older to be listed on the deed.

HOw are others handling this?

Thanks

Ed
 
In most states the majority age for owning real property is 18, some states it may be as high as 21. Your will should handle the distribution of real property. Be careful about putting children, even of majority age on the deed of ownership. I had a client 68 years of age put his 28 yeear old son on his account. The account was worth millions. Little did he know that his son was cheating on his wife. The wife sued for divorce, and the father had to give the ex-wife most of his account, because leagally the son was owner along with himself. This was money that the man had planned on retiring comfortably with. Now the son's ex-wife owns his most of his hard earned life savings.

My point is this, let wills handle the depostion of assets, unless you have an estate above the Federal Uniform exemption of $675,000. If your estate is above the Uniform Estate Exemtion, then seek the advice of a qualified tax attorney.

Giving up partial ownership of any real asset is considered to be a gift, keep in mind that any gift of an interest having a value above $10,000 MAY be a taxable event, subject to federal gift taxes.

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A little off topic since smaller DVC assets probably wouldn't be a problem but...if you put your child's names on real estate it becomes included in their assets when applying for their own children's financial aid for college.
 
A person regardless of age can own real property (including a 1 year old). That is universal in all states. And that is actually something that happens fairly often when both parents die at the same time. Of course, a guardian or trustee is usually appointed in that situation who will hold the property for the child until the child reaches majority.

If you wanted you could transfer your ownership to your kids by deed. You could actually do it without a closing but I assure you don't want to do that. The deed transfers ownership. The closing achieves making a public record of that deed in the recorders office and getting title insurance that protects against any challenges to the ownership. Absent that public record, creditors and others can continue to rely on the existing public record (the transfer to you) and record liens on that property if for some reason you are unable to pay debts. And those liens will have priority over that unrecorded deed.

You can transfer by will. Or you can set up a trust to receive the property upon death and then held for the benefit of the children. Or you could set up a trust now, transfer title to the trustee (often a bank) and leaving you and your children as beneficiaries with provisions that they become the sole beneficiaries upon your death.

In other words there are a lot of ways to go about transfering ownership, but...

1. It really requires you to get counsel first. Try to do things yourself and much can go wrong. For example, the tax implications of the transfer have to be considered-- possible gift tax implications and also states may have transfer taxes on any real property that you may be required to pay.

2. You can't really do it if there is an outstanding mortgage on the property--the lending company will not accept a transfer absent pay off of the loan.

2. Transfering ownership has little to do with whether a person can make reservations. Your sales rep was wrong technically when he said a minor could not be on a deed. At the time of initial sale by Disney that might be true simply because Disney requires the buyers to be 18 or older and it will transfer ownership by deed only to the buyers. But you can transfer by subsequent deed.

3. You can designate on Disney's records anyone as the person who will have the power to make reservations even if the person does not own the property; however, that person must be at least 18. In other words you don't need to transfer ownership if that is what you want to accomplish and in fact simply transfering ownership does not accomplish a change in the designation--Disney has to be informed to make a change on its records. In other words, what your sales rep was actually trying to tell you is that the person has to be 18 to make reservations. P
 




















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