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help-any way to deed back (OLCC) after owner dies?

elaine

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I posted a few months ago below:
What to do with TS after estate has closed?
My Dad passed away 3 years ago. He had a TS @ Orange Lakes (FL) in his name, "John Doe, a married man." They lived in FL. Mom had a reputable estate attorney in FL do the will/estate stuff. OLCC deed was left out of estate. [update]--It is unclear whether this was atty oversight or communication error from my Mom (saying she would take care of it).
We have just been paying the annual fees since his death and depositing with RCI. It's a Christmas week, so not a dud TS. Mom now just wants to be done with it and deed back to resort. Could Mom, as executor of the now closed estate just give it back to OLCC? Do we have any option other than to repoen probate?
I was going to just send the Court order, probate record, etc. to OLCC, with a letter that Mom, as executor of the estate requests a deed back due to death. Any suggestions from those in the know or who have been thru similar? What a mess.
 

Great3

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I posted a few months ago below:
What to do with TS after estate has closed?
My Dad passed away 3 years ago. He had a TS @ Orange Lakes (FL) in his name, "John Doe, a married man." They lived in FL. Mom had a reputable estate attorney in FL do the will/estate stuff. OLCC deed was left out of estate. [update]--It is unclear whether this was atty oversight or communication error from my Mom (saying she would take care of it).
We have just been paying the annual fees since his death and depositing with RCI. It's a Christmas week, so not a dud TS. Mom now just wants to be done with it and deed back to resort. Could Mom, as executor of the now closed estate just give it back to OLCC? Do we have any option other than to repoen probate?
I was going to just send the Court order, probate record, etc. to OLCC, with a letter that Mom, as executor of the estate requests a deed back due to death. Any suggestions from those in the know or who have been thru similar? What a mess.

This is a valuable week that I am sure somebody here on TUG would be willing to adopt if the timeshare is paid off, and all MF dues current. If nothing is owe, and you just want to get rid of it quickly, I say offer it for free in the TUG bargain deals forum, and somebody will probably be leaping for joy at this chance.

Your choice, of course, but others will need to chime in about if a deed back is possible.

Good Luck,
Great3
 

TUGBrian

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second that, if its truly a valuable week, just offer to give it away (someone will even likely cover the closing costs for you)

post it up in the bargain deals section!
 

elaine

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no debt, no maintenance fee owed until 2016. isn't the problem that owner is not alive to sign off on the deed transfer? I know it's a good week. Can my Mom, as the executor of a closed probate estate, sign off on the deed? If so, that would be so easy-peasy.
 

DeniseM

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no debt, no maintenance fee owed until 2016. isn't the problem that owner is not alive to sign off on the deed transfer? I know it's a good week. Can my Mom, as the executor of a closed probate estate, sign off on the deed? If so, that would be so easy-peasy.

LT Transfers can do the transfer for about $150, and I am sure they have handled estates before and can advise you.

How to give your timeshare away on TUG:

http://www.tugbbs.com/forums/showthread.php?t=132509
 
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elaine

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that is a good idea. I will call LT next week.
 

silentg

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My parents had a timeshare, when Dad died, Mum still liked to travel and used the timeshare and went on trips with us. She is no longer able to travel, so my brother has the timeshare in his and wife's name. Kept it in the family. No one in the family wants the timeshare?
Silentg
 

elaine

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The issue is that Dad was the sole owner and he is deceased. Mom contacted the resort to just get it changed into her name. The resort said it needed to be probated, etc. for any transfer. Because it gets a lot of TPUs, so Mom has 150+ TPUs stockpiled with RCI and she/we do not need anymore. After 15+ years of ownership, she just needs to resolve this.
Hopefully LT will tell me that Mom can sign as executor--that would be awsome.
 

rapmarks

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I listed a lot for my aunt and she passed away before we had an offer. the real estate agent wanted it put into my name before we could sell it. that would have required probate. It was a mess.
 

Talent312

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An Executor's Deed is not an option if the estate is officially closed.

In Florida, it's possible to do an "Heir's Deed" in which the grantors are identified as as the sole heir's of 'xxx' who died on 'xxx' and a statement made that all claims to the estate are barred by law. Then the death certificate and heir's deed are recorded. However, you'd have to ask the TS manager if they'd accept such a deed.

The better practice would be to do a Summary Administration in which a simple Petition is filed and an Order of Distribution is entered. It's possible to follow the statute and do it one-self, but easier for a Florida attorney to handle.
 

glmyers

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Talk with the attorney

The issue is that Dad was the sole owner and he is deceased. Mom contacted the resort to just get it changed into her name. The resort said it needed to be probated, etc. for any transfer. Because it gets a lot of TPUs, so Mom has 150+ TPUs stockpiled with RCI and she/we do not need anymore. After 15+ years of ownership, she just needs to resolve this.
Hopefully LT will tell me that Mom can sign as executor--that would be awsome.
The best advice would come from the attorney that handled the estate. He should be able to provide the necessary documentation to resolve the issue. Although hiring an attorney can be expensive, not hiring an attorney may well be more expensive.
 

DeniseM

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I'd contact LT Transfers first - they have an attorney on staff, and timeshare transfers are their speciality.

If LT can handle it, it's definitely a less expensive option than an estate attorney, who may know nothing about timeshares.
 
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