Removing my late husband from DVC deed

[Cinderpamela]

Hi all-
Sadly I am in the process of trying to remove my late husband from our SSR DVC contract. Its been over 18 months and I have been dragging my feet on this part.... a large part of the feet dragging is because Disney certainly does not make it easy.

I seem to recall when signing the documents that we had been listed as a married couple with rights of survivorship, but I can't find that anywhere on the deed documents listed with Orange County.

Does anyone have any recommendations for a company to do this through besides the one that Disney recommends. They list First American Title on the documents they sent me, but I seem to recall others posting that their were other/better options?

Thanks for any advice or insight into this process!

 

[ruzer28]

I have no advice or insight into the process but I wanted to say how sorry I am about your husband.

 

[Dean]

Hi all-
Sadly I am in the process of trying to remove my late husband from our SSR DVC contract. Its been over 18 months and I have been dragging my feet on this part.... a large part of the feet dragging is because Disney certainly does not make it easy.

I seem to recall when signing the documents that we had been listed as a married couple with rights of survivorship, but I can't find that anywhere on the deed documents listed with Orange County.

Does anyone have any recommendations for a company to do this through besides the one that Disney recommends. They list First American Title on the documents they sent me, but I seem to recall others posting that their were other/better options?

Thanks for any advice or insight into this process!

You can do it yourself if you want but if you want someone else to do it, I'd talk to LT transfers. They are the cheapest I know of. I guess the first question is why spend the money at all. You can always do the change later as part of any sale if applicable or if you decide to add anyone else to the deed. There really isn't any pressing need to change it just to remove his name that I can think of technically and legally speaking, just let DVC know to make sure you're listed as the primary owner, they may want a copy of the death certificate.

 

[Cinderpamela]

Thanks ruzer28, appreciate your condolences. <3

You can do it yourself if you want but if you want someone else to do it, I'd talk to LT transfers. They are the cheapest I know of. I guess the first question is why spend the money at all. You can always do the change later as part of any sale if applicable or if you decide to add anyone else to the deed. There really isn't any pressing need to change it just to remove his name that I can think of technically and legally speaking, just let DVC know to make sure you're listed as the primary owner, they may want a copy of the death certificate.

Thanks Dean- I debated doing just what you were suggesting and leaving it as is for now, but my estate lawyer seems to think its better to do this sort of thing while everything is still in probate rather than leave it for later. This is literally one of the last things left to do.

It doesn't have to be the cheapest.... just hoping for someone who is good and honest.... and I had read that the company that Disney recommends can take forever.

 

[Dean]

Thanks ruzer28, appreciate your condolences. <3




Thanks Dean- I debated doing just what you were suggesting and leaving it as is for now, but my estate lawyer seems to think its better to do this sort of thing while everything is still in probate rather than leave it for later. This is literally one of the last things left to do.

It doesn't have to be the cheapest.... just hoping for someone who is good and honest.... and I had read that the company that Disney recommends can take forever.

IF you're going to have to go through probate, I think you're going to have to get a lawyer and go through probate for FL. That'll raise the cost significantly. I know there are a couple of people on the board who have gone through FL probate from out of state, you may want two see if you can search those out. Talk to your probate lawyer again to make sure you have to do this, if you do, you may be stuck. If you're the only heir or everyone is in agreement and your lawyer doesn't give you a roadblock, I likely wouldn't go through the hassle and expense for something that will evaporate at some point anyway, esp if this is the one FL asset. I guess the other question is what happens if you're the only surviving owner and something happens to you but worst case scenario is it sits there or this has to be done later for FL. I would add at least one or two other people as associates so they can use it if you aren't able to deal with it if you're the only other owner. Good luck and let us know how it turns out.

 

[SaraSpringsIsHome]

My mother passed away this past January, and I have been the one dealing with our DVC membership. When she purchased, I was also listed on the deed as a joint tenant with right of survivorship. Basically, the non married version of yours. Because of this, we were told by our lawyer that we did not have to deal with putting it in probate, since her passing meant it automatically "became mine."

I called member services and they gave my the info of whom to email. They sent me paperwork to fill out and get notarized, and I returned it along with a copy of the death certificate. Now Disney has a record of all of this, however, it is not officially changed on the deed/title/etc. What is changed, is that her information no longer is anywhere on the website and I am simply listed as "Puchasher," where in the past it said "Additonal Purchaser."

 

[Cinderpamela]

My mother passed away this past January, and I have been the one dealing with our DVC membership. When she purchased, I was also listed on the deed as a joint tenant with right of survivorship. Basically, the non married version of yours. Because of this, we were told by our lawyer that we did not have to deal with putting it in probate, since her passing meant it automatically "became mine."

I called member services and they gave my the info of whom to email. They sent me paperwork to fill out and get notarized, and I returned it along with a copy of the death certificate. Now Disney has a record of all of this, however, it is not officially changed on the deed/title/etc. What is changed, is that her information no longer is anywhere on the website and I am simply listed as "Puchasher," where in the past it said "Additonal Purchaser."

Thanks SaraSpringsIsHome, so sorry to hear about your mother- I am definitely doing the change over with Disney.... have all that paperwork notarized and ready to mail back. That seems easy incomparison to having to take my late husbands name off the deed with the state.

IF you're going to have to go through probate, I think you're going to have to get a lawyer and go through probate for FL. That'll raise the cost significantly. I know there are a couple of people on the board who have gone through FL probate from out of state, you may want two see if you can search those out. Talk to your probate lawyer again to make sure you have to do this, if you do, you may be stuck. If you're the only heir or everyone is in agreement and your lawyer doesn't give you a roadblock, I likely wouldn't go through the hassle and expense for something that will evaporate at some point anyway, esp if this is the one FL asset. I guess the other question is what happens if you're the only surviving owner and something happens to you but worst case scenario is it sits there or this has to be done later for FL. I would add at least one or two other people as associates so they can use it if you aren't able to deal with it if you're the only other owner. Good luck and let us know how it turns out.

Dean- your right it does seem kind of a hassle to change the deed since I already have right of survivorship. Back when we purchased I was the one who handled it all so I am listed as the main member.

I do like the idea of adding an associate so they can access the account, thanks for that pointer. That way if something were to happen to me and they need to bank points till everything gets switched over to my heirs they can handle it and not loose points.

Thanks you guys!

 

[drusba]

Thanks Dean- I debated doing just what you were suggesting and leaving it as is for now, but my estate lawyer seems to think its better to do this sort of thing while everything is still in probate rather than leave it for later. This is literally one of the last things left to do.

It doesn't have to be the cheapest.... just hoping for someone who is good and honest.... and I had read that the company that Disney recommends can take forever.

I am with Dean on his original observation for this one. If the deed says what I think it says, it does not have to be done now, and even if done now, it should not be something to be done in probate, but instead outside of probate. When you purchased the property as a married couple, you should have received a deed that was made out to the two of you as "Husband and Wife" (check the deed for those words; that is what happens when married couples purchase a WDW timeshare from Disney unless you specify some other method of transfer). The husband and wife designation creates a tenancy in the entirety, something that is the same in Florida as joint tenancy with right of survivorship, but even stronger when it comes to creditors not being able to seize the property to pay the debts of one of the spouses. That would also mean the property automatically became yours upon his death and does not need to go through probate. Changing the deed should thus simply be a process done in Florida without the involvment of any probate court.