Removing deceased name from DVC deed.

[GoofyArt]

It feels strange to be asking this, however as I live in Canada I am not fully aware of what can be done. My wife, sadly, passed away just over 5 weeks ago and I have contacted DVC to update their internal records. That is moving along nicely.

However, DVC also told me that they do not record the death certificate in the Orange County records, and I would need to make my own arrangements or contact a Florida attorney for that type of service.

How do I go about doing this myself? Has anyone else gone through this exact thing? I don't think I can afford the 100's of $ to use an attorney. Thanks so much in advance.

Art

 

[mamatojon]

I don't know the answer to your question but I just want to express how sorry I am for your loss. I hope someone here can help you with the information you need.

 

[Chuck S]

First, let me express my condolences for your loss.

Because state laws vary greatly when dealing with requirements for this tyoe of situation, and the fact that you are dealing with possible "International" issues, I think I would definatel contact an attorney. You may want to contact a timeshare reseller. maybe they could answer some basic questions for you and put you in touch with a reputable attorney in Florida.

 

[dianeschlicht]

My best friend faced this exact situation a couple years ago. Her DH bought her DVC as a gift for their retirement, and he passed away before their first trip. She was told the same thing by DVC, but she decided to do it in person at Orlando on her first trip. She did that easily, and there was no attorney needed. If you want, I'll ask her the details. You can email me or PM me through this site.

 

[DVCconvert]

Art--I'm sorry for your loss.

Perhaps I'm missing something here--but so long as your deed was recorded with both of your names and had the line "joint tenants" or 'Joint tenants with right of survivorship' in it -- then there may not be any real need to change the deed. If however the deed wasn't joint then there's a possibility that her estate may have to be probated in FL (hopefully not).

HTH

 

[GoofyArt]

Good morning and thanks for the replies and words of encouragement.

I have read and re-read my copy of the DVC deed... we're both listed as "Husband and Wife ('Purchaser')", but I don't see the exact words "joint tenants" or 'joint tenants with right of survivorship". You would think for married couples that DVC would have put those phrases in - and we obviously weren't clued in to even think of checking. I don't know if the Purchaser wording is sufficient so have placed a call to DVC MS to seek clarification.

Diane, thanks for the advice, I will PM you.

Art

 

[Dean]

I too am sorry for your loss.

It's likely not necessary to change the deed unless you fear there are other heirs on her side that may lay claim to any of here estate OR you plan to sell it at some point. If so, you would need the death certificate and signature of the executor. I'd say a quick phone call to a FL real estate attorney should clear up the situation. You might start by talking to Orange County to see if they have any advice since the recording is what they do. They'll tell you what you can and can't do which should be a good starting point. IF they will record a new deed in this situation, that's all you need. Just jump through the hoops they present.

There's no question that getting advice from a FL Real Estate Attorney and having them do a new deed and closing would be the safest. But I suspect in this case it could cost far more than the usual fees. Plus you may need to setting the estate in CAN prior to being able to do anything. DVC will still have ROFR but in this case, it's simply a paperwork trail.

 

[chipscinderelly]

Art - so sorry for your loss, sending prayers to you and your family.

 

[sweetinmaine]

Art and Family,

Our deepest sympathy to you and your family on the loss of your wife and mother. May you find peace in your memories... Susan will be watching over you...

 

[DiznEeyore]

Art, I just wanted to express my sincere sympathies on the loss of your wife. You and your children will be in my thoughts and prayers!