# Changing Title upon death of spouse



## Tider (Feb 14, 2013)

My wife recently passed away.  We have 2 contracts at WKORV, titled in our names, I believe, as "husband and wife, tenants in the entirety" or something similar to that.  Can anyone tell me the easiest and quickest way to have the title changed to only my name as the survivor.  Thank you.


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## Fredm (Feb 14, 2013)

Sorry for your loss.

You will need a copy of the death certificate.

I can recommend Kelly Robinson at Quality Timeshare Closings (kelly@QTClosings.com) to assist you with the change of title, and recording of the newly vested deeds.

Or, you can contact any Hawaii title company to do it. 
First Hawaii Title Co. and  Hawaii Escrow & Title Corp. are examples. 

Once the new deeds are recorded, you will send copies to Starwood for update of their owner records.


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## larryallen (Feb 14, 2013)

I am sorry for your loss. I am an estate planning attorney and always refer my clients to Jerry Garcia at Hawaii Document Service to assist with Hawaii timeshare deeds.  Make sure to get your timeshares put into your trust!


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## SMHarman (Feb 14, 2013)

larryallen said:


> I am sorry for your loss. I am an estate planning attorney and always refer my clients to Jerry Garcia at Hawaii Document Service to assist with Hawaii timeshare deeds.  Make sure to get your timeshares put into your trust!


@Tider, sorry for your loss.
Larry, can you explain more about the trust option.  I was also thinking, can a corporate entity own the TS and then instead of transferring ownership you just transfer the shareholding of the corporate entity.

I was further thinking about this, and if you bought an non mandatory (or even a mandatory) new would the corporate owner maintain StarPoints and other benefits on transfer?


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## ttt (Feb 14, 2013)

You don't need to do anything, you are already the sole owner. Upon selling your ownerships, you will need copies of the death certificates, but for now you don't need to do anything.


Tider said:


> My wife recently passed away.  We have 2 contracts at WKORV, titled in our names, I believe, as "husband and wife, tenants in the entirety" or something similar to that.  Can anyone tell me the easiest and quickest way to have the title changed to only my name as the survivor.  Thank you.


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## Fredm (Feb 14, 2013)

ttt said:


> You don't need to do anything, you are already the sole owner. Upon selling your ownerships, you will need copies of the death certificates, but for now you don't need to do anything.



It has to be done at some point. If he waits until he sells it will add a lot of extra time to the closing.

The OP is thinking correctly. May as well get it done while he is thinking about it.


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## badbeatjackpot (Feb 14, 2013)

Fredm said:


> It has to be done at some point. If he waits until he sells it will add a lot of extra time to the closing.
> 
> The OP is thinking correctly. May as well get it done while he is thinking about it.



But if he does it now, wouldnt he be paying now for the change in title name and then he'll have to pay for change in title at sale in the future as well?

If he just waits to do it when he sells, he can do it all at once and pay one fee?


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## bogey21 (Feb 14, 2013)

ttt said:


> You don't need to do anything, you are already the sole owner. Upon selling your ownerships, you will need copies of the death certificates, but for now you don't need to do anything.



Makes sense to me.

George


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## vacationhopeful (Feb 14, 2013)

Make MORE sense to me to do some trust and estate planning. Get it done right as your WILL should reflect your current situation.


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## Fredm (Feb 14, 2013)

badbeatjackpot said:


> But if he does it now, wouldnt he be paying now for the change in title name and then he'll have to pay for change in title at sale in the future as well?
> 
> If he just waits to do it when he sells, he can do it all at once and pay one fee?



No. Title must be in his name only to sell it. So, it must be done.
Transferring it OUT of his name to the buyer can only be accomplished if he is correctly vested at the time. 

The OP came here and asked a straightforward question:
"Can anyone tell me the easiest and quickest way to have the title changed to only my name as the survivor".

Sounds to me like he knows what he wants to do. He is also right.

If he waits until he wants to sell (or otherwise dispose), it will delay his ability to transact. It is that simple.


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## ttt (Feb 15, 2013)

Well to answer the op question, a new deed would have to be prepared deeding the property from the original 2 owners to the surviving spouse....just like if it were sold by the husband and wife to the husband solely.....Since the wife is dead, the grantor would be John Doe, sole Surviving Spouse & an origonal or certified copy of the death certificate would either be recorded along with the deed or provided to the resort along with a copy of the recorded deed(Check with resorts requirements).
After the ded is recorded, provide a copy to the resort and ask that they update their owner records. There may/may not be a resort transfer fee. I would NOT recommend doing the title transfer at this time.


Fredm said:


> No. Title must be in his name only to sell it. So, it must be done.
> Transferring it OUT of his name to the buyer can only be accomplished if he is correctly vested at the time.
> 
> The OP came here and asked a straightforward question:
> ...


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## Dave H (Feb 15, 2013)

ttt said:


> Well to answer the op question, a new deed would have to be prepared deeding the property from the original 2 owners to the surviving spouse....just like if it were sold by the husband and wife to the husband solely.....Since the wife is dead, the grantor would be John Doe, sole Surviving Spouse & an origonal or certified copy of the death certificate would either be recorded along with the deed or provided to the resort along with a copy of the recorded deed(Check with resorts requirements).
> After the ded is recorded, provide a copy to the resort and ask that they update their owner records. There may/may not be a resort transfer fee. I would NOT recommend doing the title transfer at this time.



Actually, if he owns it as TBE or Husband and wife, simply recording the Death Certificate is enough to put it solely into his name.  A good title company would want to have a cont. marriage affidavit as well to show the tenancy has not been broken by a divorce.

You do not need to deed from him to him, thats what TBE and Husband and wife do automatically.


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## Fredm (Feb 15, 2013)

ttt said:


> *Well to answer the op question, a new deed would have to be prepared deeding the property from the original 2 owners to the surviving spouse....just like if it were sold by the husband and wife to the husband solely....*.Since the wife is dead, the grantor would be John Doe, sole Surviving Spouse & an origonal or certified copy of the death certificate would either be recorded along with the deed or provided to the resort along with a copy of the recorded deed(Check with resorts requirements).
> After the ded is recorded, provide a copy to the resort and ask that they update their owner records. There may/may not be a resort transfer fee..



That is what I said. The deed must be re-recorded in the husbands name alone, and Starwood notified of the change. The OP has been provided with several contacts to assist him. He will need a copy of the death certificate. A title company can help him from there.



> I would NOT recommend doing the title transfer at this time



The OP isn't asking WHAT he should do. Just HOW to most easily and quickly accomplish it.  

But, I am curious. Why do you recommend he NOT do the recording at this time? What benefit accrues to the OP by not getting his property assets in order? Put differently, what harm befalls him by having the deed correctly reflect the vesting now? 

Starwood will not even begin the ROFR review process with a single signature on the purchase contract acceptance. Their records show the married couple as owners.
Westin Kaanapali (where the OP owns) has an ROFR.


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## ttt (Feb 15, 2013)

The way the property was deeded, the surviving spouse is currently the sole owner. Redeeding it into his name solely is a waste of time & money. Only one deed will be needed if/when the property is sold. When sold, the deed will show the grantor as "John Doe, Sole Surviving Spouse". If it were me, I would send a copy of the death certificate to the resort asking them to update owner records WITHOUT recording of a new deed.


Fredm said:


> That is what I said. The deed must be re-recorded in the husbands name alone, and Starwood notified of the change. The OP has been provided with several contacts to assist him.
> 
> 
> 
> ...


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## bogey21 (Feb 15, 2013)

Fredm said:


> The OP isn't asking WHAT he should do. Just HOW to most easily and quickly accomplish it.



True.  But if there is a better, cheaper way,  OP might be interested in knowing about it.

George


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## larryallen (Feb 15, 2013)

SMHarman said:


> @Tider, sorry for your loss.
> Larry, can you explain more about the trust option.  I was also thinking, can a corporate entity own the TS and then instead of transferring ownership you just transfer the shareholding of the corporate entity.
> 
> I was further thinking about this, and if you bought an non mandatory (or even a mandatory) new would the corporate owner maintain StarPoints and other benefits on transfer?



Most anybody that owns real estate should have a living trust. It's really just a contract for distributing your assets during life or after death. The keys are putting someone else into control when you are incapacitated or deceased. I say it's a contract but many people say it's an entity like a corporation. It's much simpler than getting an actual corporation. Also, a living trust will have all your assets in it.  A timeshare is one of the most crucial assets to put into a trust as they can be big pains after both spouses have died; especially timeshares in Hawaii. Seek the advice of an experienced estate planning attorney in your state. Shop on experience not price for your attorney.  As I like to say, we won't know until after you die if your cheap trust was done right!


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## Tider (Feb 19, 2013)

Thank you all for your replies.  I am in the process of contacting one of the referrals to assist in the Deed process.  Title will be transferred into my name as the survivor, and then I will have to decide if I want to keep the Timeshare (and if so, put it into a trust) or sell.  I don't want my kids to have to worry about it later on.

Again, thanks,

Tider


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## bogey21 (Feb 19, 2013)

Tider said:


> I don't want my kids to have to worry about it later on.



If you think one of your kids would want the Week, leave it to him/her in your will.  He/she can always decline the inheritance if his/her desire for the Week changes.

George


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## biskits (Feb 19, 2013)

*Same for Myrtle Beach properties??*



Fredm said:


> That is what I said. The deed must be re-recorded in the husbands name alone, and Starwood notified of the change. The OP has been provided with several contacts to assist him. He will need a copy of the death certificate. A title company can help him from there.
> 
> 
> 
> ...





Fredm said:


> Sorry for your loss.
> 
> You will need a copy of the death certificate.
> 
> ...



Fred
I have a very dear friend who also just recently lost his wife as well. 
He owns two timeshares in Myrtle Beach which are both his and his deceased wife's names. Can Quality Timeshares change his deeds as well.
Approximately what are costs to change such a deed?
Thanks
Paul


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## larryallen (Feb 20, 2013)

bogey21 said:


> If you think one of your kids would want the Week, leave it to him/her in your will.  He/she can always decline the inheritance if his/her desire for the Week changes.
> 
> George



I would add to what you are saying in a couple of ways for clarification: 

1) Leaving a timeshare in a will still likely involves probate. If the timeshare is in another state then it's possible there will be multi-state probate required. Thus all timeshares should be put into a living trust.
2) Most timeshares will walk away after death if the child "declines" an inheritance but technically the continuing MF's are obligations of the decedent's estate and I have seen timeshares go after estates to collect their money. 

In my professional opinion and experience timeshares are an often under-planned for asset/liability in one's estate plan and should be taken more seriously.


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## Fredm (Feb 20, 2013)

biskits said:


> Fred
> I have a very dear friend who also just recently lost his wife as well.
> He owns two timeshares in Myrtle Beach which are both his and his deceased wife's names. Can Quality Timeshares change his deeds as well.
> Approximately what are costs to change such a deed?
> ...



Typically, a change of title form (obtained from the County) accompanied by a death certificate is all that is required to remove the deceased from title.
The County charges a fee. I don't know how much in South Carolina, but I would guess $30-50. 

Quality does not handle South Carolina transfers. They employ a local attorney. My guess is an attorney would directly handle it for ~$100-150.
DaveH or ttt may be able to offer a recommendation or assistance. 

ttt has stated it is not necessary, and can be dealt with at time of sale.  
I rather not presume to know why a surviving sposue wants to order their affairs. Sometimes, it is just peace of mind to not worry about issues (or revisit their loss) later on. Ample reason to not disuade them when it can do no harm. 

Hawaii is another issue. De-registering a deed in the Land Court system, and re-registering in the Regular system (now required for timeshares upon sale), has its own complications when a spouse is deceased. Hence, my recommendation to the OP.


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## gregb (Feb 20, 2013)

Hi Fred,

Thanks for all of your expert advice on TUG.  I have learned a lot from you.

Can you share a little more details about the changes in Hawaii for Deeds?  I was not aware of the change from the Land Court System to the Regular System you referenced.  When did that change occur?  Can you give a reference for information on that?

When we set up our living trust, we didn't put our WKORN week into the trust as our local atty. (Calif.) was not familiar with how that would be done in Hawaii.  Would you recommend the same companies to handle that title move?

Thanks again,
  Greg


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## Fredm (Feb 20, 2013)

gregb said:


> Hi Fred,
> 
> Thanks for all of your expert advice on TUG.  I have learned a lot from you.
> 
> ...



I posted the details in July 2011.

I am not qualified to offer advice regarding trusts.
Are you asking if the companies mentioned can transfer your WKORV title to an established trust? 
If so, yes. They will need the title page of your trust, as well as the "powers' section.
They will advise you of anything else they require.

ETA:  I just looked at the link I provided (in my July 2011 posting).
Updated, effective July 1 2012, Hawaii automatically de-registered all Land Court timeshare deeds.
Escrow no longer needs to go through this step as part of a regular closing.
So, that removes the complication I previously referred to.


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## gregb (Feb 21, 2013)

Thanks Fred.  Your help is much appreciated.


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## TheWizz (Apr 26, 2013)

larryallen said:


> I would add to what you are saying in a couple of ways for clarification:
> 
> 1) Leaving a timeshare in a will still likely involves probate. If the timeshare is in another state then it's possible there will be multi-state probate required. Thus all timeshares should be put into a living trust.
> 2) Most timeshares will walk away after death if the child "declines" an inheritance but technically the continuing MF's are obligations of the decedent's estate and I have seen timeshares go after estates to collect their money.
> ...



My wife and I own several timeshares in HGVC, DRI, and RCI Points that are deeded weeks at various locations.  While I am still in my late 40s and will be an empty nester next month, I have considered putting all my timeshares into a Living Trust.  The one potential downside that I can think of is that I would like my children to have the option to accept or decline our timeshares once me and my wife pass away.  If my children have control over the trust once we pass away, won't that make them obligated to manage and keep (aka pay the MFs) all of our timeshares??


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