Removing deceased owner from deed

[dinah's rich]

I cross-posted this in the Holiday Inn forum as well, but thought maybe I need a bigger audience.

My mother and father bought a unit at Orange Lake Kissimmee in the 1990's. My father passed away about 20 years ago and my siblings and I recently found that my mother: 1) still had the time share-she hadn't mentioned it since the early 2010's, 2) was being scammed by someone who promised to sell the unit for her, 3) never removed my father from the deed, and 4) was talked into purchasing points in Lake Geneva back in 2010. We stopped her from continuing to pay the scammer, told her that we'll never see that money again and promised to help relieve her of this burden. At this point, we're just trying to cut her losses and move on. My oldest sister and I called HICV with my mother present and got some options from them. Step 1 was to get my father removed from the deed on the original purchase. We have started that process, but I was curious if anyone else has experience removing a deceased owner from an HICV deed. Will they purposely drag their feet so that another year's worth of maintenance fees are due? Or do they generally get this done in a timely manner? Just want to know what we're in for so I can plan accordingly.

 

[vacationtime1]

If your parents owned the property as joint tenants, all you need to do is to record a certified copy of your father’s death certificate at the Recorder’s Office in the same county as the deed was recorded.

Your mother, the surviving joint tenant, becomes the sole legal owner.

 

[dinah's rich]

We've done that. Just wondering if the timeshare company may drag their feet on completing this and say we can't complete removing him from the deed before the new year, thus sticking us with another year of maintenance fees. At this point, I don't trust that it will be done expeditiously, especially since they recommend a very dubious company for resales. Just seeing if anyone has experience with how long the process takes.

 

[Patri]

Is anyone using the timeshare? If not, stop paying the maintenance fee, and tell the company it is theirs. Walk away. A small chance it will affect your mom’s credit rating, but often that no longer matters.

 

[TUGBrian]

how long has it been since you requested the help from HICV for the change of ownership?

did you ask them about just surrendering everything back? (though lake geneva might be able to be sold for a few dollars).

 

[dinah's rich]

how long has it been since you requested the help from HICV for the change of ownership?

did you ask them about just surrendering everything back? (though lake geneva might be able to be sold for a few dollars).

We just started yesterday. We're leaning towards surrendering back Orange Lake, but their rep Kristina said we have to get my father off the deed first. I was just curious if anyone had experience with this process and how long it takes. We're trying to finalize before next year's MF are due.

 

[Bmatrose]

We just started yesterday. We're leaning towards surrendering back Orange Lake, but their rep Kristina said we have to get my father off the deed first. I was just curious if anyone had experience with this process and how long it takes. We're trying to finalize before next year's MF are due.

at this point in the year there is no chance you get a name removed and the deeds surrendered before you need to pay next years maintenance. Also remember you need to pay $1200 for each deed to surrender.

 

[Carolinian]

If your parents owned the property as joint tenants, all you need to do is to record a certified copy of your father’s death certificate at the Recorder’s Office in the same county as the deed was recorded.

Your mother, the surviving joint tenant, becomes the sole legal owner.

That is also true if they were tenants by the entirety if the property is in a state that recognizes that (I'm not sure about Florida). If a deed recites that the grantees are husband and wife, that automatically creates a tenancy by the entirety. When one dies, their interest automatically passes to the other.

 

[vacationtime1]

That is also true if they were tenants by the entirety if the property is in a state that recognizes that (I'm not sure about Florida). If a deed recites that the grantees are husband and wife, that automatically creates a tenancy by the entirety. When one dies, their interest automatically passes to the other.

Not in California. This depends entirely on the law of the jurisdiction where the property is located.

 

[jimkin]

Not in California. This depends entirely on the law of the jurisdiction where the property is located.

I don't think it is that simple in Florida either. I wanted to purchase a timeshare from the widow after her husband passed. After investigation she discovered it was a lengthy and expensive process. The deal fell through because it would cost more to remove him from the title that the few thousand I was willing to pay for the week.

 

[HyperOne]

I have been dealing with the HICV deed situation for several years since my mother passed. My father is listed as primary, then mother and me. I finally got them to put me as second after sending in death certificate but still they have her listed. I am now trying to use RCI swap and once again they only list 2 individuals my dad and mom so I have to jump through hoops to even do a swap. In addition, everything is sent to the primary so I have to beg them to send me the emails if they want to get the fees paid. Worst investment I’ve made!

 

[Patri]

I have been dealing with the HICV deed situation for several years since my mother passed. My father is listed as primary, then mother and me. I finally got them to put me as second after sending in death certificate but still they have her listed. I am now trying to use RCI swap and once again they only list 2 individuals my dad and mom so I have to jump through hoops to even do a swap. In addition, everything is sent to the primary so I have to beg them to send me the emails if they want to get the fees paid. Worst investment I’ve made!

Can’t you go into the account and change the email to yours?

 

[rapmarks]

If your parents owned the property as joint tenants, all you need to do is to record a certified copy of your father’s death certificate at the Recorder’s Office in the same county as the deed was recorded.

Your mother, the surviving joint tenant, becomes the sole legal owner.

I tried that in Sauk county, would not facilitate the process, I had to go online and include information I did not have, ended up hiring a lawyer.

 

[rapmarks]

I don't think it is that simple in Florida either. I wanted to purchase a timeshare from the widow after her husband passed. After investigation she discovered it was a lengthy and expensive process. The deal fell through because it would cost more to remove him from the title that the few thousand I was willing to pay for the week.

In Lee county, Florida, I mailed the death certificate, a check for $10,;and a self addressed stamped envelope and got my husbands name off the deed.

 

[davidvel]

We've done that. Just wondering if the timeshare company may drag their feet on completing this and say we can't complete removing him from the deed before the new year, thus sticking us with another year of maintenance fees. At this point, I don't trust that it will be done expeditiously, especially since they recommend a very dubious company for resales. Just seeing if anyone has experience with how long the process takes.

How was the deed titled? What state is it recoded in?

 

[dinah's rich]

How was the deed titled? What state is it recoded in?

It's in Florida, Orange County specifically. There's some updates if anyone is interested. We got an email Sep 18 from Holiday Inn Club instructing us to send an official copy of the death certificate and a notarized affidavit of continuous marriage to the Orange County Comptroller along with a $10 check. I mailed those to the county Sep 19. Once the death certificate is recorded and the county returns those documents to us, then we need to mail the documents back to Holiday Inn Club and his name will be removed from the deed. Holiday Inn doesn't charge for their part of the process. Unfortunately for us, it looks like we won't get to unload it this year. Oh well, lesson learned.

 

[davidvel]

It's in Florida, Orange County specifically. There's some updates if anyone is interested. We got an email Sep 18 from Holiday Inn Club instructing us to send an official copy of the death certificate and a notarized affidavit of continuous marriage to the Orange County Comptroller along with a $10 check. I mailed those to the county Sep 19. Once the death certificate is recorded and the county returns those documents to us, then we need to mail the documents back to Holiday Inn Club and his name will be removed from the deed. Holiday Inn doesn't charge for their part of the process. Unfortunately for us, it looks like we won't get to unload it this year. Oh well, lesson learned.

Just to clarify, HICV does not remove anyone from deeds. They will remove him from the account.