Transferring ownership questions

ThisIsJason

DIS Veteran
Joined
Mar 16, 2010
Due to my moms passing my dad no longer wants to own the CCV that they purchased. He wants to do the Christmas trip he and my mom had planned for the family then wants to transfer the ownership to my sister and BIL and myself and my wife (two contacts).

What is going to be needed to do this? To get my moms name off is a death certificate needed? Someone I work with said it is as easy as calling and filling out a ownership transfer form and its done, but there has to be more to it. I am trying to help make things as easy as possible when the times comes for this so there isn't a ton of 'fill this out to fill that out' paper work (have enough of that already).

Thanks!

EDIT: not sure it if matters but there isn't any money owed on the contracts. Paid in full.
 
How did they hold title? That is the first question that needs to be answered in order to find out how easy or difficult it will be to remove the deceased individual from title.

There are several ways to hold title to real property in FL:
- sole ownership (obviously not the case here);
- tenants in common
- joint tenants
- tenants in entirety (only can be held by married persons)
- trust

As long as it was held in joint tenancy or tenancy by its entirety, then what first needs to be completed is an affidavit of death of joint tenant or affidavit of death of tenant in entirety, with a certified copy of the death certificate. That needs to be filed with the Orange County Comptroller's office, along with whatever paperwork Disney requires to be done when that occurs.

Then, after that issue is cleared up, your dad can transfer title to whomever he chooses to do so.

It can probably all be done at the same time, just make sure that the instructions are clear that the first document that needs to be recorded is the affidavit of death of joint tenant or tenant in entirety.

If they held title as tenants in common, then it's a longer process because it would have to go through probate. If it was held in a trust, then an affidavit can be filed concerning the death of the co-trustee. There are other complications (depends on how the trust was set up).
 
Someone I work with said it is as easy as calling and filling out a ownership transfer form and its done, but there has to be more to it.

Yes there’s more to it.

I’m sorry for your family’s loss.

Not the same situation, but we’re currently putting me on the deed and taking my soon to be ex off of it. Even though he was the reason we bought Dvc (he loved the “club” concept and never accepted it for what it is, a timeshare that pretty much requires you to go to Disney regularly), it’s really MY thing (thank you Dis’ers for helping me see that). We’re going through LT Transfers. So far it’s been painless.

@Dean has many posts about transferring ownership that might be a nice place to start.
 


Due to my moms passing my dad no longer wants to own the CCV that they purchased. He wants to do the Christmas trip he and my mom had planned for the family then wants to transfer the ownership to my sister and BIL and myself and my wife (two contacts).

What is going to be needed to do this? To get my moms name off is a death certificate needed? Someone I work with said it is as easy as calling and filling out a ownership transfer form and its done, but there has to be more to it. I am trying to help make things as easy as possible when the times comes for this so there isn't a ton of 'fill this out to fill that out' paper work (have enough of that already).

Thanks!

EDIT: not sure it if matters but there isn't any money owed on the contracts. Paid in full.
You can do it yourself for about $80 total for the 2 contracts. He can also just add you as associates now and you can use it without changing the title but you wouldn't have the direct perks. LT transfers is the cheapest but they won't do a package deal so about $350 for 2 contracts. It would matter if there was a loan. I'd have him check with his attorney to make sure you're OK regarding the probate process but I suspect you are. You will need to supply the death certificate with the change of ownership in this situation. As for doing this just with DVC directly, you may be able to get the name removed but not others added directly. The good news is you don't have to rush and it won't put reservation at risk of cancelation.
 

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