Q: I own a timeshare with my mother, who is now deceased. How can I get her name off the deed?
The timeshare is in Cocoa Beach, FL. I would like to add my sister and niece as beneficiaries. What is the best way to correct this situation? P.S. I have the death certificate; neither the resort nor the exchange company will make the change.
A: You can make the change once appointed Personal Representative of her estate. You may need to open a subsidiary probate in Florida to do the closing if it is a fee simple interest rather than a cooperative.
A:
This can only be done by a Deed. The Personal Representative is the only one with authority to sign a deed after someone dies, so this requires someone to serve as Personal Representative. An estate should be opened where the deceased person was domiciled (which may or may not be where they lived). If property is in other jurisdictions you may need to start secondary (or "ancillary") estate proceedings in the other states. Some states have a streamlined process for transferring real estate out of an estate to close relatives.
Although you posted the question in MD, you will need a Florida barred attorney to prepare the Deed and answer any questions on the Florida probate process.
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