Transferring Timeshares In Probate
What To Do When An Owner Dies
As Florida is home (or a second home) to retirees and many other older people, it is not unusual for someone who has a timeshare to pass away. Depending on whether that person had a will, the fate of the timeshare could be in question. If you have such a property in your family or you are a designated heir, we can clarify your rights in the transfer of the timeshare in probate, along with handling the probate process. To talk about your particular situation, call our Maitland, Florida, office, just north of Orlando, at 866-576-2993 or use our online form to tell us about your situation.
A timeshare is part of a person’s estate and therefore gets distributed according to either a will or by the laws of the state in which the timeshare is located. Unless the timeshare is in the name of a trust, the transfer of the timeshare will have to be probated. The probate process when that person dies. The process is somewhat simplified and faster if the assets of the estate in Florida have a value of less than $75,000, or it’s been more than two years since the person owning the timeshare died.
If this is your situation, we can represent the estate, preparing the documents to transfer the timeshare under Florida’s fast-track probate process, which generally takes less than three months.
When the deceased’s assets in Florida have a value in excess of $75,000, or it’s been less than two years since the deceased owning the timeshare died, the estate will have to be probated in full, which is more involving than the fast-track probate process. Still, this is something our firm can assist with. For timeshares in which the owner who died was a resident of a state other than Florida, our attorneys work with the out-of-state attorneys to complete the process in ancillary probate proceedings.
Heirs Don’t Always Agree
Problems can arise with transferring a timeshare if heirs don’t agree on what should happen to the property or when a timeshare company’s right of first refusal conflicts with what the heirs want for the property. This can lead to delays in getting signatures for the documents necessary to submit for probate. We deal with these kinds of complications by remaining persistent, working with heirs and their representatives, the timeshare companies and courts to bring resolution to your timeshare transfer as expeditiously as possible.
Empower Yourself With The Right Information
What may seem like a chaotic or overwhelming process becomes easier when you have the right information about your timeshare transfer. Call our experienced lawyers at Mestdagh, Wall & Hamilton, P.A. at 866-576-2993 or write to us online.