Probate process in Florida?

[Forgiven]

I paid for a fixed week Orlando TS in the 80's and put my step-father's name on in case I died. He died in the 90s and I informed Island One. They directed me to send an affidavit to the clerk's office with a copy of the death certificate, which I did. My mother told me I could have my step-father's share. Wanted to give away the unit and even offered to pay for the transfer. However, it was pointed out that the deed says "tenants in common" and that his share would need to be probated in FL!

Any advice on probate process in Florida? I've been told I need to get the original will, official death certificate, evidence of the value of the TS, and court costs are over $250. This doesn't even count the cost of document preparation. Is there a way for the title to pass to me in the same court proceeding, rather than to my mom and then to me in a separate process?

 

[Arnie]

Not a Lawyer!

Why not let his half pass to your Mom. Then down the road have her sign over her half to you. You may be able to avoid all that legal stuff. I would think once she is on the deed, you both can do what you want. Usually the best way with those combo owners is Joint Tenants with right of survivorship.

 

[Forgiven]

My understanding is that in order for it to pass to her, it needs to be probated in Florida. I'm still trying to learn what the steps are and paperwork needed to get it probated. Also, how we can keep costs down, since the timeshare isn't worth much.

 

[Talent312]

Florida has a few simplified (abbreviated) forms of probation that might apply:
-- (1) Summary, (2) Family and (3) Ancillary.

Ancillary is only used when there is another state probate proceeding pending.
The others require that the estate have limited value and content.

If one of these procedures apply, the process is fairly simple. Essentially, the heirs -- those named in the will or resulting from statutory inheritance (if there is no will) -- file a petition which:
-- describes the contents of the estate;
-- says that all creditors have been paid (or barred by law);
-- and asks the court to distribute estate in a certain manner.
A judge may hold a brief hearing, enter an order as requested, and you're done.
-----------------------------
When a former sis-in-law was widowed, she discovered that her husband had owned a TS in his name alone. The TS company would not accept her as an owner w/o a probate order, so she filed a petition for summary administration and two weeks later was the proud owner of his TS.
-----------------------------
In some counties, the clerk or court office will assist folks in using these procedures.
Otherwise an attorney may be needed to determine which procedure may be used and prepare the docs.

 

[richardm]

Have it done properly by a Florida probate attorney.. I can't tell you how many sales I've had to cancel because the seller didn't understand the proper probate requirements and couldn't provide clear title to the buyer. The problem is that most people don't understand or pay attention to the original vesting on their deeds- which can create expensive problems later on..

HERE is a list of probate attorneys in Florida who are familiar with timeshares.

 

[Forgiven]

Thanks for all the responses. After talking with someone who works in probate and some research, we're planning to try for the summary as mentioned above. One thing that's popped up is to show the value of the TS. How do we show to the court a valuation of a TS that's essentially worthless without getting an appraisal?

 

[Talent312]

There are a number of ways to find the FMV (fair market value) of the unit.
-- Look for sales of similar units at that resort on www.redweek.com
-- Search for "completed" sales on www.ebay.com
-- Find one for sale here in TUG at the "marketplace"
-- Ask a legitimate broker who specializes in TS's if they'll write a letter
-- Ask the resort's owner's association if they've sold a foreclosure unit
-- Use whatever the deceased paid for it.
Or some combination of the above.

Use the higher number. Be overly generous with your valuation. There's no need to be spot on, as long as you're not near the limit for the type of proceeding.

 

[richardm]

Email me your specific property details and I'll provide you with a written CMA. Most judges will accept that as a valuation for court purposes. Currently, I only know of one certified appraiser who advertises timeshare valuations, but his price is very high.

I've done hundreds of these for various attorneys and individuals, and to date only one has ever been rejected by a judge (who simply was ignorant of the difficulty of obtaining a certified appraisal for a timeshare of no value, and evidently too hard headed to take the time to learn)..

 

[Forgiven]

Email me your specific property details and I'll provide you with a written CMA. Most judges will accept that as a valuation for court purposes. Currently, I only know of one certified appraiser who advertises timeshare valuations, but his price is very high.

I've done hundreds of these for various attorneys and individuals, and to date only one has ever been rejected by a judge (who simply was ignorant of the difficulty of obtaining a certified appraisal for a timeshare of no value, and evidently too hard headed to take the time to learn)..

Hi Richard,

I'm still kind'a new to computer stuff (I had the hardest time figuring how to make a thread and it took me awhile!), so not sure if you received my other message. Sorry if this is a repeat.

My TS is Bryan's Spanish Cove, week 36, unit 0208, in Orlando, FL. It's a fixed red week, two bedroom, that sleeps 6/6. Please let me know what information you might need to provide a TS valuation.

THANKS!!!