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I live in NY and have 2 timeshares in LA. My husband is deceased, and still on the deed. Is legal succession required?

Jamaica, NY |

When purchasing, we were never told of such laws. I am now trying to deed-back the units, and to do so I must pay $3,000 plus the cost of succession. My husband had a will, leaving everything to me.....is there any way around this? What is the cost?

Attorney Answers 2


  1. There are a great many questions that need to be answered to answer your question. Were both you and your husband on the deeds; were you joint tenants; does the deed specify a legal description of real property or is it only a license to use; etc. If both of you are on title and you are described as joint tenants you solution is as easy as recording a declaration of death of joint tenant. If the time share is for real property and was aquired during a marriage of long duration it may be community property and a simple filing with the probate court will give you title. The scenarios get more complex and expensive from there depending on the deeds or licenses to use. You need to show your documents to an attorney licensed to practice in California and allow him/her to determine what is required to put the time share in your name and inform you what it will cost. If the time share company is charging you $3000 plus legal fees to change title they may be overcharging. Contact an attorney practicing in LA.

    Nothing contained in the information on this web site is to be considered as the rendering of legal advice for specific cases and readers are responsible for obtaining such advice from their own legal counsel. This web site is intended for educational purposes only. Michael R. Weinstein, is licensed to practice only before the courts of the State of California, and is admitted to practice before the United States District Court for the Central District and the United States Cou rt of Appeal for the Ninth Circuit. No information contained herein is to be considered applicable to legal matters in domestic or foreign jurisdictions outside of the State of California.


  2. It really depends on how you were named on the deeds, and what state laws apply. If you weren't on the deeds, then you might not have to do anything.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

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