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Joint ownership,with survivorship?

KathyPet

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My husband recently passed away. I think our two deeded weeks are recorded as "joint with right of survivorship". If I send in a death certificate and a cover letter will they simply convert ownership to my name only?
 

taterhed

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My condolences.

It should be a simple matter. But, I can not advise on anything but this: JROS laws vary by state. I would suggest that you write down the pertinent information--your state of residency (at purchase and at the time of his passing), the state the TS was purchased in, located in etc...

It may sound funny, but it's better to write it down and ask the right questions.

good luck.
 

dioxide45

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Condolences, sorry about your loss. As Tater indicated, it can be different depending on the state. However, still, I don't think Marriott will be able to help you until you have a deed with the timeshare in just your name. You have to do that first, then send it to Marriott and they can put the week and account just in your name.
 

larryallen

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You probably need to prepare an affidavit of death of joint tenant. Each state is different but that's the kind of basic form that might be free on the county recorder website. Recording that with an original death certificate is probably required. That takes his name off the deed. You then give a copy to Marriott for them to take his name off your Marriott account. It's a two step deal. Of course, my condolences on your loss. Best of luck with everything.
 

KathyPet

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This seems a lot more complicated then I expected and getting a new deed for our ST. Kitts week could be a major issue since their legal system when it comes to things like deed recording is absolutely archaic. I remember when we purchased that unit resale and it took months and months to get the new deed recorded. I am surprised that a entire new deed would be required since the fact of the death of one of the parties where a joint ownership with right of survivorship automatically defaults ownership to the surviving spouse.
 

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My condolences on your loss.

Resorts want their ownership records to match the deeds. So, they do not want to change the ownership on their records unless the deed has been changed as well.

That said, if you want to keep this week and use it, I don't see why you need to inform the resort of the loss of your husband. You might want to change the deed for the purpose of planning your own estate, but if you are just concerned with using the week, there is really nothing you need to do.

If you plan to sell this week, you also don't need to change the deed now. Instead, when you sell the week, the deed the buyer receives will state that you are the surviving spouse. In the US, you would submit that deed with a certified copy of the death certificate. I would guess that St. Kitts is similar, but I don't know.
 
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KathyPet

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Not informing Marriott and just continuing to keep our weeks titled as joint causes other ancillary problems. When you reserve a week the name on the reservation defaults to his name but he will never be checking in. I do not want any check in problems. Same issue arise if you trade weeks for vacation club points. Reservations made then show up in his name not both names. Final problem is converting a week to MR points. The MR points received for opting to select points go into a MR account number in his name. I will be closing his MR account number and transferring existing points into my MR account number. I want any future MR points to go to my account. Personally I think that if a ownership is titled jointly then any activity such as making reservations, trading for vacation club points, trading for MR points should offer a choice of either name when these activities are undertaken.
 

taterhed

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I would call one of the title companies (TUG rec'd if possible) that routinely deals with TS's (like yours--St Kitts?). They should be able to provide a quick answer.
 

JudyS

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Not informing Marriott and just continuing to keep our weeks titled as joint causes other ancillary problems. When you reserve a week the name on the reservation defaults to his name but he will never be checking in. I do not want any check in problems. Same issue arise if you trade weeks for vacation club points. Reservations made then show up in his name not both names. Final problem is converting a week to MR points. The MR points received for opting to select points go into a MR account number in his name....
I don't own Marriott, so I didn't know this. Thanks for the information.

Is there a lawyer helping you with your husband's estate? If so, perhaps the lawyer could advise on options such as a trust.
 

silentg

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I don't own Marriott, so I didn't know this. Thanks for the information.

Is there a lawyer helping you with your husband's estate? If so, perhaps the lawyer could advise on options such as a trust.

When my father passed away My mother used the timeshare herself or gave it to one of us with a guest certificate. When she became too ill to travel my brother took it over, new deed with he and his wife on it. however RCI still has my Dad and Mum on the account. I advised him when he renews with RCI tell them of the name change.
Silentg
 

bogey21

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My advice is before you do anything that you think it through for a week or so to make sure you have thought through all the ramifications. The worse thing you can do is get something started that you don't want and can't stop.

George
 

BocaBoy

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Not informing Marriott and just continuing to keep our weeks titled as joint causes other ancillary problems. When you reserve a week the name on the reservation defaults to his name but he will never be checking in. I do not want any check in problems. Same issue arise if you trade weeks for vacation club points. Reservations made then show up in his name not both names. Final problem is converting a week to MR points. The MR points received for opting to select points go into a MR account number in his name. I will be closing his MR account number and transferring existing points into my MR account number. I want any future MR points to go to my account. Personally I think that if a ownership is titled jointly then any activity such as making reservations, trading for vacation club points, trading for MR points should offer a choice of either name when these activities are undertaken.

I assume you are both on the account and your late husband was primary. If so, you can call MVCI and change the primary from him to you. I have not done this myself, but I understand that it is not hard.
 

pwrshift

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I assume you are both on the account and your late husband was primary. If so, you can call MVCI and change the primary from him to you. I have not done this myself, but I understand that it is not hard.

I think Boca is right. Same for Marriott rewards as only the spouse can get them. Airline miles too but you have to apply tor them and there's probably a small fee for the transfer.

four of my TS are dual owned with my name and one of four children on he deeds (Adults now) and it was my understanding that they automatically become the sole owners when I pass.

Brian
 

KathyPet

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I emailed MVCI customer service and told them my spouse has died and asked how to,get title in my name only. I received a response saying they have a standard e mail that is sent giving instructions on the required procedure. The e mail said that they had requested that I be sent that e mail and that I should be receiving it "shortly". That was a week ago and I am still waiting to receive it. Very poor service on Marriott's part.
 

larryallen

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I think Boca is right. Same for Marriott rewards as only the spouse can get them. Airline miles too but you have to apply tor them and there's probably a small fee for the transfer.

four of my TS are dual owned with my name and one of four children on he deeds (Adults now) and it was my understanding that they automatically become the sole owners when I pass.

Brian

A timeshare is often, and in case of most Marriotts, a piece of real estate. Thus when you have a joint tenancy each time a joint tenant dies you have to file an affidavit of death of joint tenant, with certified copy of death certificate, with the county recorder's office. That takes the deceased off the deed. You then give a copy of that to Marriott and they take the decedent off the account.
 

Harry

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I have been following this with some interest. To the OP my condolences of course. Joint tenancies are what is called concurrent estates in real estate. To dissolve most states regard a petition by the surviving tenant. This is all quite easy for attorneys skilled in probate. A couple concerns here. OP not completely sure that she and spouse had a joint tenancy. Thus it is essential she digs out her Marriott deed. Also it appears OP is from Virginia. Eastern states have old common law requirements (lawyers in group will recall the 4 unities of JT). So, an attorney must be consulted as suggested above.
As a practical matter Marriott should not have any problems with usage as long as they are aware of what occurred.
For years real estate people have advised taking title in this way. It seems simple enough but courts dislike this tactic and often consider JT as tenants in common.

Harry
 

KathyPet

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well, if I ever receive this E mail with the instructions that I was told they would send me I will post what it says to do.
 

bogey21

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I assume you are both on the account and your late husband was primary. If so, you can call MVCI and change the primary from him to you. I have not done this myself, but I understand that it is not hard.

This seems like the most direct way to solve the problem. Usage is facilitated. Title remains Joint with deceased husband. When OP dies Week goes into her estate and can go poof if declined by her heirs.

George
 

Harry

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This seems like the most direct way to solve the problem. Usage is facilitated. Title remains Joint with deceased husband. When OP dies Week goes into her estate and can go poof if declined by her heirs.

George

George,
You may be correct in such places as CA, AZ and Fl. (maybe TX as well). But Kathy is from VA and heaven knows what they require. She will have to deal with the title problem at some point. Marriott's delay suggests they are aware of this as well and I bet they have submitted to their legal department. It will be interesting how they respond to Kathy.

Harry
 

jeff76543

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Marriott's delay suggests they are aware of this as well and I bet they have submitted to their legal department. It will be interesting how they respond to Kathy.

Harry

Marriott's delay might also suggest that someone didn't send the e-mail (or that it was sent to the wrong address).

After this much time has passed, I would call Marriott VC Customer Service again.
 

Toppermom

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Kathy, I am very sorry for your loss. I hope that you have a good support system around you as you navigate this difficult time. As someone else posted, take your time. This is not an urgent item to take care of--or at least I didn't think so.

My husband died in 2013. We have several deeded weeks at different locations. All of our deeded weeks were recorded as joint tenants with right of survivorship. I (after some months had passed) contacted MVCI and was told to do --and did-- just what has been described here. I made my name primary on our MVCI account and added my Marriott Rewards number to the MVCI account. Since then, all reservations are in my name and the associated Marriott Rewards number is mine. I have added guest names to several reservations and have not had any problem with them checking in without me. I did have to provide MVCI with a copy of the death certificate to facilitate the change.

Regarding the deeds, I called the TUG recommended person regarding changing the deeds and was advised to just leave it in both of our names. As mentioned in an earlier post, if I sell any of the weeks, the deed will obviously be changed at that time. Changing them now is an additional (and, in my opinion, unnecessary expense). If I die before selling them, my heirs can determine which, if any, of the weeks they wish to retain.

As you know, Marriott Rewards points can be transferred to the account of the surviving spouse. Unfortunately, you will NOT retain any earned status, such as Lifetime silver, gold, or platinum. That was a disappointment to me as his "status" was acquired totally through our joint trips and ownership. I am slowly (and I do mean slowly) accumulating elite nights and points, but it will be years before I regain what was lost. (I urge everyone that has lifetime status--especially Lifetime Platinum, to consider attempting to build credit for your spouse toward that status if those benefits are something you consider important).

Again, I am very sorry for your loss and I hope this helps. Feel free to PM me if you have any other questions that I may be able to help you with.

Nyla
 

KathyPet

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The end of the saga I hope.

Called Owner services today to complain that I had not received anything from them in the way of instructions on the procedure to get our two weeks in my name. The VA I spoke to immediately sent me the external owner modification transfer form and instructions which involved a lengthy form and the payment of transfer fees for each week and the mailing to MVCI of new deeds for each property. I called back, spoke to the same person again and again stated that these two weeks were joint ownership with survival and that this was a internal process to take my husband's name off the account and make me the sole owner and that I did not believe new deeds were needed. He admitted that he did not know if I was correct or not. He then transferred me to a Kathryn Olson a owner relations supervisor whe confirmed that the external modifications package was not correct. All that is required is a letter from me with a death certificate attached stating that MVCI should make me the primary owner and that I should ensure that I gave them my MR account number so that any reward points earned from exchanging weeks for points were deposited to my account number. Easy peasey. So, the lesson learned is if you don't get the answer you want keep trying until you do.
 

taterhed

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Called Owner services today to complain that I had not received anything from them in the way of instructions on the procedure to get our two weeks in my name. The VA I spoke to immediately sent me the external owner modification transfer form and instructions which involved a lengthy form and the payment of transfer fees for each week and the mailing to MVCI of new deeds for each property. I called back, spoke to the same person again and again stated that these two weeks were joint ownership with survival and that this was a internal process to take my husband's name off the account and make me the sole owner and that I did not believe new deeds were needed. He admitted that he did not know if I was correct or not. He then transferred me to a Kathryn Olson a owner relations supervisor whe confirmed that the external modifications package was not correct. All that is required is a letter from me with a death certificate attached stating that MVCI should make me the primary owner and that I should ensure that I gave them my MR account number so that any reward points earned from exchanging weeks for points were deposited to my account number. Easy peasey. So, the lesson learned is if you don't get the answer you want keep trying until you do.
Good for you. Glad you got it resolved and took the time to share.

sent from my cell phone...
 

Toppermom

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Called Owner services today to complain that I had not received anything from them in the way of instructions on the procedure to get our two weeks in my name. The VA I spoke to immediately sent me the external owner modification transfer form and instructions which involved a lengthy form and the payment of transfer fees for each week and the mailing to MVCI of new deeds for each property. I called back, spoke to the same person again and again stated that these two weeks were joint ownership with survival and that this was a internal process to take my husband's name off the account and make me the sole owner and that I did not believe new deeds were needed. He admitted that he did not know if I was correct or not. He then transferred me to a Kathryn Olson a owner relations supervisor whe confirmed that the external modifications package was not correct. All that is required is a letter from me with a death certificate attached stating that MVCI should make me the primary owner and that I should ensure that I gave them my MR account number so that any reward points earned from exchanging weeks for points were deposited to my account number. Easy peasey. So, the lesson learned is if you don't get the answer you want keep trying until you do.

I am glad you got it settled. The process for the change was exactly what I did.

Nyla
 
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