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  1. #1
    Join Date
    Apr 2014
    Posts
    2

    Default Inheritance of a Time Share

    Hello, my father in law passed away 2 years ago with no will. He was married to my step mother in law who has been appointed as executor of estate. Probate is still ongoing. My wife & her siblings are still in & out of probate with their stepmother. My wife & I have been going on vacation at a S Florida timeshare with my in laws for years but now that my father in law is deceased & the timeshare is in his & his wife's name, she says that she was told that the timeshare belongs to her because the "law in Florida" says so. This is what her attorney told her but she has no documentation stating so. She says her attorney has the docs. The court has not given this property to her, this is only what she says her attorney told her. She is not a Florida resident. Does this timeshare property automatically belong to her? Can someone shed some light? She says she is willing to share if the siblings agree to pay half the monthly maintenance fees but what if they invest in these fees and down the road she decides to sell? Please shed some light. Thanks!

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Deceased Father in Law's Timeshare Property and Stepmother in Law. Ownership

    Quote Quoting Technopimp
    View Post
    Hello, my father in law passed away 2 years ago with no will. He was married to my step mother in law who has been appointed as executor of estate. Probate is still ongoing. My wife & her siblings are still in & out of probate with their stepmother. My wife & I have been going on vacation at a S Florida timeshare with my in laws for years but now that my father in law is deceased & the timeshare is in his & his wife's name, she says that she was told that the timeshare belongs to her because the "law in Florida" says so. This is what her attorney told her but she has no documentation stating so. She says her attorney has the docs. The court has not given this property to her, this is only what she says her attorney told her. She is not a Florida resident. Does this timeshare property automatically belong to her? Can someone shed some light? She says she is willing to share if the siblings agree to pay half the monthly maintenance fees but what if they invest in these fees and down the road she decides to sell? Please shed some light. Thanks!
    Mostly likely yes, the timeshare belongs to her. If she and your father in law owned it together it most likely was titled a joint tenancy with rights of survivorship and therefore it would belong solely to her now.

  3. #3
    Join Date
    Dec 2012
    Posts
    124

    Default Re: Deceased Father in Law's Timeshare Property and Stepmother in Law. Ownership

    If the descendants are from a previous marriage (not from the step mom) then spouse inherits 1/2 of his intestate property & 1/2 split among the descendants. This applies to intestate laws of succession in Florida.

  4. #4
    Join Date
    Apr 2014
    Posts
    2

    Default Re: Deceased Father in Law's Timeshare Property and Stepmother in Law. Ownership

    Thanks all. What exactly does the intestate law of Florida say about timeshares regarding this situation? What exactly should be the next step because the step mother seems to think this property is hers alone. Thx

  5. #5
    Join Date
    Apr 2009
    Posts
    757

    Default Re: Deceased Father in Law's Timeshare Property and Stepmother in Law. Ownership

    What exactly does the intestate law of Florida say about timeshares regarding this situation?
    It does not say anything specifically about timeshares. If the timeshare is subject to probate, it is just another asset.

    What exactly should be the next step because the step mother seems to think this property is hers alone.
    Stepmother is probably correct, as llworking stated. If they owned it jointly, it is a good bet that they owned it as tenants by the entirety, which carries with it the right of survivorship, and means that it would not be a probate asset.

    If your wife wants to pursue this, I suggest that she retain her own attorney.

  6. #6
    Join Date
    Dec 2012
    Posts
    124

    Default Re: Deceased Father in Law's Timeshare Property and Stepmother in Law. Ownership

    The timeshare should be part of the estate & treated the same 50% wife 50% children. If for example she want's it then the siblings would receive other assets of equal value. If this or similar issues are holding up the estate then it's be to resolve as 2 years is quite long & adds unnecessary costs to the estate that everyone pays. The state or county will have plenty of probate info.

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