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Post by disnydad on Feb 17, 2023 12:14:17 GMT -5
We live in Florida and our trust lawyer took care of everything.
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Post by jflatto on Apr 7, 2023 8:36:22 GMT -5
Starting the process to get our DVC contracts put into the trust. Our lawyer (Indianapolis) is reaching out to another lawyer who had done retitling for DVC.
Looking at our original paperwork, we found our original deeds. The deeds themselves are short, just over a page and identify the specific resort and what percentage we own. Is this all we need? In my mind, I was envisioning a much longer contract with all this legalese rather than the 1 page deeds. Am I missing something or are the contracts (deeds??) really that short?
Thanks.
Jerry
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Post by lephelps on Apr 7, 2023 10:11:39 GMT -5
Starting the process to get our DVC contracts put into the trust. Our lawyer (Indianapolis) is reaching out to another lawyer who had done retitling for DVC. Looking at our original paperwork, we found our original deeds. The deeds themselves are short, just over a page and identify the specific resort and what percentage we own. Is this all we need? In my mind, I was envisioning a much longer contract with all this legalese rather than the 1 page deeds. Am I missing something or are the contracts (deeds??) really that short? Thanks. Jerry Our one resale and two direct-purchase deeds, which are from 2020 and 2021 and digitally signed, are two pages for each contract. Page 1 has the bulk of the details with page 2 having just one last paragraph and then all of the signatures and the notarization from an Orange County Notary Public. FYI, I have two copies of the deed for each contract: the one in our closing package w/ just our signatures and notarization and then the recorded deed on file with the Orange County comptroller that has their information on the top right of page one of the signed deed. I'm guessing you may need the recorded deed from the relevant comptroller site vs. one you may have in the closing paperwork if it doesn't have the comptroller filing details on it. |
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Post by SuzanneSLO on Apr 8, 2023 10:37:39 GMT -5
Does anyone have any experience with removing one of 2 Trustees on a contract held in the name of a Trust? Well, technically, the contract is held in the name of Person X and Person Y , Trustees of the XY Family Trust.
Edited to add: The reason for removing one trustee is because of that Trustee’s death.
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Post by BWV Dreamin on Apr 8, 2023 16:09:36 GMT -5
Does anyone have any experience with removing one of 2 Trustees on a contract held in the name of a Trust? Well, technically, the contract is held in the name of Person X and Person Y , Trustees of the XY Family Trust. Edited to add: The reason for removing one trustee is because of that Trustee’s death. Is this a Living Revocable Trust? With ours, upon death, my Trust automatically takes effect as the sole owner, there would be no joint holding in the trust. You need to contact a lawyer to get this initiated, I think probably provide a death certificate. |
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Post by SuzanneSLO on Apr 8, 2023 17:49:37 GMT -5
One of these days, I’ll notify DVC, but I thought I would see if anyone here had any experience.
For my California contracts, I know I need an Affidavit of Death of Trustee, to which an original death certificate is attached. I may also need a DVC waiver of ROFR. I’m not sure if there is a fee (but I am guessing that there is one). However, I’m not sure if there is any time crunch for a timeshare. It’s not as if the County will need to update its records to send property tax bills to the right place.
Not sure what is needed for Florida. Maybe recording a death certificate and a separate Trust Certification Affidavit. And again, possibly a waiver of ROFR. And I’m not sure again if there is a time crunch, for the same reason as California.
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Post by BWV Dreamin on Apr 8, 2023 18:43:53 GMT -5
One of these days, I’ll notify DVC, but I thought I would see if anyone here had any experience. For my California contracts, I know I need an Affidavit of Death of Trustee, to which an original death certificate is attached. I may also need a DVC waiver of ROFR. I’m not sure if there is a fee (but I am guessing that there is one). However, I’m not sure if there is any time crunch for a timeshare. It’s not as if the County will need to update its records to send property tax bills to the right place. Not sure what is needed for Florida. Maybe recording a death certificate and a separate Trust Certification Affidavit. And again, possibly a waiver of ROFR. And I’m not sure again if there is a time crunch, for the same reason as California. I don’t see why it would need to go thru ROFR. You’re already on the deed, just removing the other named trust. You will probably need to show DVC you are now the sole trustee of the trust. That’s why the lawyer needs to help you get this done first. Once your trust is renamed, I don’t see why you couldn’t go through a Florida title company and fill all of the paperwork out through them to retitled the DVC deed. |
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Post by SuzanneSLO on Apr 8, 2023 19:10:16 GMT -5
I recall needing a piece of paper from DVC waiving ROFR when I changed the title from us as individuals to us as Trustees of our Trust. I assume a similar waiver is needed for any title change, even when removing a name, but I could be wrong. One of these days I will follow up and see what they need.
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Post by SuzanneSLO on Apr 8, 2023 19:20:40 GMT -5
What do you know. My question is covered by the DVC FAQs: “Q: One of the Trustees has died. What do I need to do to remove him/her from the Membership?
A.
Please forward a copy of the death certificate to us via email to WDW.DVC.Member.Administration@Disney.com for review.
If a Successor Trustee will be named as a replacement for the deceased, please email an Attorney Opinion Letter naming the Successor Trustee and include the following contact information for the Successor Trustee: Name, Address, Phone Number and Email Address.”
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Post by BWV Dreamin on Apr 8, 2023 19:57:24 GMT -5
What do you know. My question is covered by the DVC FAQs: “Q: One of the Trustees has died. What do I need to do to remove him/her from the Membership? A. Please forward a copy of the death certificate to us via email to WDW.DVC.Member.Administration@Disney.com for review. If a Successor Trustee will be named as a replacement for the deceased, please email an Attorney Opinion Letter naming the Successor Trustee and include the following contact information for the Successor Trustee: Name, Address, Phone Number and Email Address.” Excellent find! That almost sounds too easy! We had to send that attorney opinion letter when we went to title a new DVC purchase. They will keep it on file for all future purchases. This is what will verify what the new name of your trust is and that’s where the lawyer part comes in. |
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Post by dmb1016 on Apr 13, 2023 17:22:49 GMT -5
We worked with Brenda Smith at Magic Vacation Title, LLC. Message me if you want contact info.
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Post by Minnie on Aug 21, 2023 10:12:55 GMT -5
What do you know. My question is covered by the DVC FAQs: “Q: One of the Trustees has died. What do I need to do to remove him/her from the Membership? A. Please forward a copy of the death certificate to us via email to WDW.DVC.Member.Administration@Disney.com for review. If a Successor Trustee will be named as a replacement for the deceased, please email an Attorney Opinion Letter naming the Successor Trustee and include the following contact information for the Successor Trustee: Name, Address, Phone Number and Email Address.” |
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Post by lovindisney on Aug 22, 2023 16:04:38 GMT -5
We just added our son to the titles.
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Post by tigerjen99 on Aug 23, 2023 8:01:55 GMT -5
If both my husband and I are on the deed to the timeshare. Is there anything to set up if only one of us dies? (In Texas, we have to have transfer of deed on death for our house.)
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Post by brp on Jun 29, 2024 14:36:07 GMT -5
Circling back to this as we are finally getting around to setting up our trust. Once we set up the Trust, we will want to retitle our DVC into the Trust. I assume that we can use an outside title company to do this and don't have to pay Disney's fees for this, correct? We have an attorney helping us with the Trust and she can work on the legal aspects, but it seems that we can execute the title change outside of Disney and just send them the new info, correct?
Cheers.
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