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SPOUSE INHERITS TS AND NOT ON TITLE

Mulege

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My father passed away and my mother now owns a Westin TS that she is not on the title. Does she go to Vistana/Marriott and/or a title company to put the title solely in her name? She does not have a copy of the title. Or maybe she needs to do nothing?

This may be get a lawyer question but any advice that leads us in the right direction is appreciated.
 

Kildahl

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Condolences on the loss of your father. How do you know that your mother now owns the timeshare?
 

sjlola

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Your mom will likely need a lawyer, depending on whether there was a trust, a will, or needs to go to probate. My condolences on your loss.
 

DeniseM

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Before she goes to the expense of hiring an attorney, I would consult with an experienced timeshare title transfer company and see what they advise:

I use LT Transfers - they are Tuggers, they get high marks on TUG, and they are efficient and inexpensive - usually less than $250. They will provide everything you need and walk you through it.

L.T. Transfers
www.lttransfers.com
readylegal@gmail.com
706.219.2709
 

DavidnRobin

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Without the Deed - how do you know she is not on Title? Often both spouses are on Title (if joint) ownership, while one person has control of the Ownership just for simplicity sake. This is the case for Robin and me. I would check to make sure of what the Deed states before taken the next step.

If you can’t find the Deed - you may need to contact the Title Dept (slow) if you do not have the deed information to look up County (Maui) records.

If not on Deed - I would contact the Title Dept (slow) and proceed with the process to add her. Likely showing Death Certificate and Marriage License (I would assume).

IME - if they owned everything jointly - she is likely listed on the deed as it is commonly done with deeded real estate.


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DeniseM

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One more note - LT Transfers can get the deed for you from the County Records office for a nominal amount, and they will be faster and more efficient than the Westin/Marriott title office.
 

vacationtime1

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One more note - LT Transfers can get the deed for you from the County Records office for a nominal amount, and they will be faster and more efficient than the Westin/Marriott title office.
^^^ Start with this. If your mother is on title as a joint tenant, recording a certified copy of your father's death certificate will pass title to her. If she is not on title, she needs to consult a lawyer.
 

Mulege

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Condolences on the loss of your father. How do you know that your mother now owns the timeshare?
It passes onto the estate
 

ausman

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Does your Mother really want the timeshare or would prefer not to have it.?
 

Kildahl

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Ordinarily, that would mean that title to the timeshare was held solely by your father. Is that accurate?
As others have asked in this thread, who is named as the grantee(s)on the deed?
 

Mulege

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Husband/ father is on the deed.
 

DeniseM

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Mulege

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Is the estate being actively administered? Has an executor been appointed?

Will says all real estate, home and other, goes to my Mother
 

DeniseM

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Does your mom know how to do that - have the Acct. log-in and so forth?
 

Mulege

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Does your mom know how to do that - have the Acct. log-in and so forth?

Yes, I used to help them too. Easy. It is a Vistana TS
 

DavidnRobin

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I understood that they deed couldn't be found - if so, then how do you know if he was only one on deed?

I'd be surprised if both spouses names were not on Title - SVO/VSE/MVC require that financially tied couples attend Sales Presentations for a reason. Hard to buy real estate as a single person went in a joint financial situation exists (eg. marriage). Not impossible, but under normal circumstances there would be little reason not to have joint ownership. That is the normal situation unless owning non-retirement assets separately.

Glad that they have a TS worth owning - I know too many old folk that don't want, can't use, and can't get rid of their TSs. Too many... sad
 
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dioxide45

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If you can’t find the Deed - you may need to contact the Title Dept (slow) if you do not have the deed information to look up County (Maui) records.
How do we know it is Maui? The OP only mentioned a "Westin" timeshare.
 

DeniseM

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@Mulege - If I were you, I would consider adding your name to the deed to make future changes smoother.
 

Mulege

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She will get her name added to the title. I will contact an escrow company that are used here to take care of it. Thanks all for your input.
 

dioxide45

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She will get her name added to the title. I will contact an escrow company that are used here to take care of it. Thanks all for your input.
If she isn’t already on title with him it probably needs to go through probate.
 
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