Is the DVC membership "joint tenacy"?

[TammyAlphabet]

I need to know this ASAP. Thanks in advance.

 

[JimMIA]

I don't think it's possible to answer that for you without actuallly looking at your deed. If you don't have the deed handy, you might try the Orange County Comptroller's website.... click here

Enter last name and then first name with no commas. If your last name is hyphenated, ignore the first half and only enter the part after the hyphen.

If you see a result that has a code of D next to it, that is a deed. Click on that item and it will give you a scanned image of the actual document.

That's only for WDW resorts. VB or HHI would be different counties.

 

[Dean]

I need to know this ASAP. Thanks in advance.

It can be either depending on how it's titled. From a FL standpoint it is not automatically so. Still, your home state may affect the answer as far as divorce and other issues may be affected.

 

[JimMIA]

Here's a link to Drusba's post on another thread describing the normal titling of DVC ownerships...click

You have to read it carefully to get the full meaning of Florida's "husband and wife" classification.

I believe Drusba is an attorney who is familiar with Florida law.

 

[toocherie]

I just checked my deed and my particular deed (you will need to check yours) has the vesting as:

"X and Y, as joint tenants with the right of survivorship and not as tenants in common"

So, I don't think I need to have it in my trust but will be checking with my trust attorney.

 

[TammyAlphabet]

Thanks so much for the replies. My husband passed away and we opened up the estate yesterday for administration and I needed to know if our membership needed to be included in the probate. My lawyer said that our house was joint tenacy and it passed to me without going through probate. But I was wondering about the DVC membership. From reading Drusha's comments, (thanks Jim), it seems that it is not subject to probate or needs to be included in the estate. I guess somehow I think that I will feel better if I figure out all these issues that I never wanted to deal with. I am probably fooling myself.

My deed is somewhere here in the house, probably packed away still since we moved here 18 months ago. I tried the search, but in Firefox, it never seems to work.

 

[DISNEY FIX]

You have my condolences.

 

[drusba]

In Florida, if you bought as husband and wife, it is presumed to be tenancy in the entirety unless you designated otherwise. Tenancy in the entirety is joint tenancy with right of survivorship with the kicker that while both are alive neither can transfer his or her interest without consent of other. As long as your deed doesn't say tenancy in common or something else that shows you chose at time of purchase not to have tenancy in the entirety, your fine. If the owners are not husband and wife, you need to designate joint tenancy to have it.

 

[TammyAlphabet]

Thanks Drusba, We did not ask for any changes to the deed at all so I guess we are joint tenants in the entirety. So as with other real estate interests, I assume that I do not have to include it with the assets and liability of the estate. I will talk to my lawyer about it.

My husband was fatally shot in a robbery at the restaurant where he was the manager. I live in a small town, less than 100,000 people, and it has rocked our community in addition to my world. I have two children who have lost their father and I am trying to keep it together the best that I can. His estate is small and so there are not alot of issues to be decided but this is one that I wasn't sure about and thought that others on the boards may have dealt with this in the past, unfortunately.

Thanks for the help and condolences.

Tammy

 

[DisneyJosh]

OMG, I am so sorry.

 

[PamOKW]

Tammy, my sincere condolonces. Concentrating on the "administrative details" is a good way to try and get through this unthinkable time. It's doing something constructive....you should you know your husband would be proud of you stepping up to keep the family going. When you can, you should use that DVC membership to get away with your family. Maybe a trip to Vero would be even better than the go-go of WDW to take some time for you and your family to heal.

 

[toocherie]

I am so sorry about your loss . . . take care.

 

[JimMIA]

We're very sorry to hear of your terrible loss. Our heartfelt condolences and we'll keep your family in our thoughts and prayers.

 

[Dean]

Thanks Drusba, We did not ask for any changes to the deed at all so I guess we are joint tenants in the entirety. So as with other real estate interests, I assume that I do not have to include it with the assets and liability of the estate. I will talk to my lawyer about it.

My husband was fatally shot in a robbery at the restaurant where he was the manager. I live in a small town, less than 100,000 people, and it has rocked our community in addition to my world. I have two children who have lost their father and I am trying to keep it together the best that I can. His estate is small and so there are not alot of issues to be decided but this is one that I wasn't sure about and thought that others on the boards may have dealt with this in the past, unfortunately.

Thanks for the help and condolences.

Tammy

Please accept our prayers and condolences as well.

 

[TammyAlphabet]

Thanks everybody for your prayers and good thoughts. We do have a trip planned that was supposed to be for the whole family, my husband included. But I have changed the resorts and the dates of the trip to make a little easier to go and not be so reminded that my DH was supposed to be with us at this resort at this time. I am still waitlisted for one night, but I am hopeful it will come through.

At WDW, I know that the kids will have a great time, my son, 16, is bringing a friend to hang out with on this trip so it will be fun for him. He is suffering badly. My daughter, 10, is taking it better than everyone. We are seeking grief counseling to start next week.

My DH was not the big Disney fan of the family, but he did love Vero and HHI. I am not sure I can go there right now, but I agree that it would be relaxing. Maybe the distraction of all the happenings at WDW will provide some relief to the constant cloud over me.

Thanks for caring and for listening.....

Tammy

 

[drusba]

Dear God, help Tammy and her family through this and let them know they are among Your truly loved.







Our prayers are with you.

 

[CarolAnnC]

My deepest sympathies on your loss to you and your children.

Here is another Thread on this topic as well.

 

[loribell]

So sorry for your families loss.

 

[jarestel]

Our thoughts and prayers are with you and your family.

Deepest sympathies,

Joe

 

[groverdog]

I'm so very sorry Tammy for your loss. I just lost my mother and am dealing with her probate issues so I know a little of what you are going through.
Hugs to you and yours

jackie