# Is it possible to transfer deed to relatives?



## esmith1500 (Jan 17, 2009)

I am the executor of my deceased aunt's estate. She owned a floating week at the Avenue Plaza in New Orleans now owned by Wyndham.  We are in the process of closing the succession and realized she owned the timeshare when I received the yearly bill for the maintenance fees in December. I have paid the fees and the account is up to date. She was never married nor had children but does have several nieces and nephews. Some have expressed an interest in assuming the responsibility of owning the timeshare. What would be involved to transfer the deed (which I have been unable to locate) to one of these relatives? Does Wyndham allow this and does anyone know what costs would be involved?

Thanks for anyone's response.


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## ausman (Jan 17, 2009)

I believe the Avenue Plaza weeks in Wyndham are converted weeks, meaning if your Aunt didn't convert to Wyndham points Wyndham would have no involvement except as the management company.


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## esmith1500 (Jan 17, 2009)

I know she did not convert to points. At first I tried to have the timeshare "deeded back to Wyndham" which they denied so now I'm trying the transfer deed to relative route.  I guess Wyndham Vacation Resorts does control the timeshare even though it is a floating week.


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## ausman (Jan 17, 2009)

I think you are missing the point. The timeshare can be transferred without Wyndham's blessing. As part of the closing process the managemnt company (Wyndham) is notified. Also as part of that process they (Wyndham as management Co.) may have to issue an estoppel letter. But Wyndham doesn't own the property and you do not need to follow Wyndham's points rules regarding transferring to a relative. It can be transferred to anyone.

As for deeding back, the Property Owners Association, if that is the name they go by, would be the entity to decide that. Wyndham there is simply the management co, as could be VRI, SPM resorts etc.


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## esmith1500 (Jan 18, 2009)

Thanks for your advice.  Are there any specific closing companies you would recommend?


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## slabeaume (Jan 18, 2009)

I recently went through the transfer process with my father's timeshares.  He had one that was transfer on death and the other (Worldmark) was not.  The transfer on death was easy.  It transfered to me.  Then I quit claimed it to sign it over to my sister, brother, and myself as owners and not just me.  The Worldmark shares were a much bigger headache and took a long time to finally straighten out.  But as executor or his will, I was able to sign it over to myself.  It seems to me that as executor, you should be able to quit claim your aunts resort over to one of the other relatives.  But I'm not a lawyer.


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## Talent312 (Jan 19, 2009)

esmith1500 said:


> I know she did not convert to points. At first I tried to have the timeshare "deeded back to Wyndham" which they denied so now I'm trying the transfer deed to relative route.  I guess Wyndham Vacation Resorts does control the timeshare even though it is a floating week.



As another poster said, it is not Wyndham who controls the TS, but you.  You do, however, have fiducuary responsibilites to the estate.  If the TS  has no value, you may deed it to whoever takes it off your hands and notify Wyndham of the change.  But if it has value, you should attempt to realize that value for the benefit of all the heirs (or obtain the consent of the heirs to give it away).

Either way, a closing service is not likely to have sufficient "legal" knowledge on how to deal with estate property.  I suggest using a probate or real property lawyer who would have the forms for the consents you need and the deed that must be used to make the transaction effective.


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## slabeaume (Jan 19, 2009)

Talent312 said:


> As another poster said, it is not Wyndham who controls the TS, but you.  You do, however, have fiducuary responsibilites to the estate.  If the TS  has no value, you may deed it to whoever takes it off your hands and notify Wyndham of the change.  But if it has value, you should attempt to realize that value for the benefit of all the heirs (or obtain the consent of the heirs to give it away).
> 
> Either way, a closing service is not likely to have sufficient "legal" knowledge on how to deal with estate property.  I suggest using a probate or real property lawyer who would have the forms for the consents you need and the deed that must be used to make the transaction effective.




If you use a lawyer, expect to pay them alot.  I was able to take care of the name changes on my Dad's 2 different types of timeshares by contacting the resorts directly and getting the info on how to do it from them.  It took quite awhile to finalize the Worldmark transfer, but there is a special department that deals with this sort of thing.   I would imagine Wyndham would also be able to put you in contact with the right department within their group to help you out.


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## Bill4728 (Jan 19, 2009)

in the "how to sell your TS" thread   at the top of the buying and selling board, there are several closing companies which are mentioned that can transfer title for you for about $300.( generally paid for by the buyer)


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## slabeaume (Jan 19, 2009)

Again, with this being an inheritance question, I don't think closing companies have to be involved---unless you're selling it.  At least I didn't have to use a closing company for either of my Dad's timeshares.


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## kalua (Jan 19, 2009)

*Aunt's Timeshare*



esmith1500 said:


> I am the executor of my deceased aunt's estate. She owned a floating week at the Avenue Plaza in New Orleans now owned by Wyndham.  We are in the process of closing the succession and realized she owned the timeshare when I received the yearly bill for the maintenance fees in December. I have paid the fees and the account is up to date. She was never married nor had children but does have several nieces and nephews. Some have expressed an interest in assuming the responsibility of owning the timeshare. What would be involved to transfer the deed (which I have been unable to locate) to one of these relatives? Does Wyndham allow this and does anyone know what costs would be involved?
> 
> Thanks for anyone's response.



If you e- mail Whyndam in Fl. They will tell you that you can transfer to an other relative without having a lawer, for a fee of $ 100.00 . I don't recall the exact detail's but if you e-mail or call them they will tell you. I requested this info  a couple of months ago hope this helps!


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## slabeaume (Jan 20, 2009)

But if she never converted to Wyndham, you may want to try calling the resort first.  Just because the resort is managed by Wyndham doesn't mean they own the week.  Wyndham wanted another $17,000 for us to convert our Pahio weeks to Wyndham, so we left them as Pahio units---managed by Wyndham.


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## Jya-Ning (Jan 21, 2009)

esmith1500 said:


> I know she did not convert to points. At first I tried to have the timeshare "deeded back to Wyndham" which they denied so now I'm trying the transfer deed to relative route.  I guess Wyndham Vacation Resorts does control the timeshare even though it is a floating week.




You will need to prepare a deed and record it with the local government that resort is located.  Look at your aunt's deed, you can basically copy all the wording except the grantor and grantee's name.  There will be some small transfer fee and recording fee by the local government, you should be able to find out the local government by looking at her deed, or serach the internet using the resort address

Than after you got the local government acknowlegement, send the copy of the deed to the resort, since your aunt has not converted the week, you will only deal with the resort management office.

You can use any of the closing companies listed in Bill's link to do the same thing, they probably will charge you $300 extra.

Jya-Ning


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