Gifting memberships to immediate family members

[Sandisw]

Tried to follow everything in this thread - and thank you to all for the information provided. I have my own DVC contract, and am listed as an 'associate' on a family contract that my mother and step-father purchased. My mother is the purchaser and step-father was additional purchaser.
My step-father passed away last week, and the notification to DVC should be fairly easy as my mother was the purchaser - no probate needed to remove my step-father. However, my mother expressed interest in adding me as an additional owner on her contract, rather than an associate. She wants to stay on as owner as well.
To add on as an owner to my mother's contract without removing her, is this the same process described in the original post as 'gratuitous transfer' or is the process different?

Yes. And once you are, you will then see both memberships on your dashboard as an owner.

 

[zackiedawg]

Thank you! Sounds like they've made the process much easier as of late.

 

[CarolynFH]

Regarding the pdf form LouisianaDisneyFan posted - We are wanting to add our daughter to our membership. Would we use this same form and just include all of our names?

Thanks! And smiles, Kate

First you will need to add her name to the deed, following the process for a gratuitous transfer. After her name is on the deed and the new deed is filed with Orange County, then you’ll send a copy of the deed along with the pdf form to DVC.

 

[drusba]

Tried to follow everything in this thread - and thank you to all for the information provided. I have my own DVC contract, and am listed as an 'associate' on a family contract that my mother and step-father purchased. My mother is the purchaser and step-father was additional purchaser.
My step-father passed away last week, and the notification to DVC should be fairly easy as my mother was the purchaser - no probate needed to remove my step-father. However, my mother expressed interest in adding me as an additional owner on her contract, rather than an associate. She wants to stay on as owner as well.
To add on as an owner to my mother's contract without removing her, is this the same process described in the original post as 'gratuitous transfer' or is the process different?

The process will actually depend on what the current deed actually says and the issue is not just getting MS to recognize the change but assuring that all necessary legal documents relating to to the transfer are properly prepared and filed with Orange County Florida comptroller (assuming this is a WDW resort). You mention your mother was the purchaser and no probate is needed to remove your stepfather but then also say your stepfather was an "additional purchaser."

If the current deed on file with the Orange County, FL comptroller shows only your mother on the deed, then your mom can transfer ownership via deed to both your mother and you, although you need to determine what type of transfer will apply and need to file the correct documents with the comptroller: (a) if you want the new deed to provide that if one of the two owners, (your mom or you), later die and the survivor gets to keep the entire property interest as a result, the new deed will need to provide that the new combined ownership is one in "joint tenancy with right of survivorship." If instead, upon death of one of you, you want the half of the property interest of the deceased to go to the heirs of that deceased (which may or may include the the surviving owner on the deed), then the deed needs to provide that property is held by your mom and you as "tenants in common" (personally I would not recommend that kind of deed in your situation).

If the current deed instead shows that both your mom and stepfather as owners as joint tenants, likely as "tenants by the entirety," which is common for husband and wife ownerships and is a form of joint tenancy with right of survivorship with some addiitional protections added, then your mom has become the sole owner because of your stepfather's death but the official records in Florida with the Orange County Comptroller will still be showing both your mom and stepfather as owner. Before having your mom transfer via deed to your mom and you, you need to have documents filed with that comptroller to show the death of one of the owners. That usually requires a certified copy of the death certificate, a Florida government form that shows no estate taxes are due, and an affidavit of continuous marriage that shows when the two were married and shows the two were in fact still married at time of death. That kind of filing is needed before doing the transfer from your mom to you and your mom.

If there is a probate of the stepfather going on in his home state, the lawyer retained for that estate should be aware of the ownership interest in DVC and should be the one taking steps to assure the documents needed to show the stepfather's death are prepared and filed in Florida with the comptroller if both were combined owners. Also, unless your mom and you are confident you can do all the necessary documents and filings with the comptroller's office yourself to show the transfer (even if the stepfather was not on the deed), which includes making sure the new documents have a very precise legal description of the property interest owned and contain the necessary transfer language, you should probably hire a lawyer or at least go through one of the title companies in Florida that are familiar with and can do all the necessary documents and filings.

 

[SPLzero]

Has anyone gifted OKW? I know if you sell OKW and haven't signed the extension request they make you sign it before selling. Is this the same for adding family members to the deed?

 

[zackiedawg]

The process will actually depend on what the current deed actually says and the issue is not just getting MS to recognize the change but assuring that all necessary legal documents relating to to the transfer are properly prepared and filed with Orange County Florida comptroller (assuming this is a WDW resort). You mention your mother was the purchaser and no probate is needed to remove your stepfather but then also say your stepfather was an "additional purchaser."

Thank you so much. Very good and thorough information which will help. I'll be sure to pass this information on to my mother, and I do believe they will be having an attorney help to certify everything in the will is properly distributed and documented, just to be sure. This information will certainly help.

 

[ebenmax]

We added DD in May via LT Transfers and paid $270 per contract.

Did this include recording fees with Orange Co. or just for the rewriting on the deeds?
Thank you!

 

[CarolynFH]

Did this include recording fees with Orange Co. or just for the rewriting on the deeds?
Thank you!

That was the total including OC filing fees. It was quick and very easy!

 

[CarolynFH]

Has anyone gifted OKW? I know if you sell OKW and haven't signed the extension request they make you sign it before selling. Is this the same for adding family members to the deed?

Did you get an answer? I believe that it’s no, you don’t have to sign the quit claim if it’s a gratuitous transfer to a family member. I believe that because there’s no ROFR on gratuitous transfers, and DVC doesn’t know anything about the transfer until they receive the new deed with the new owners’ names on it.

 

[Robbie Cottam]

When I did a transfer I believe the fee was about 10 dollars per page to record it with Phil Diamonds office. Each dead was two pages.

Then member admin, has for. You need to fill out. It was really easy.

Basically, 20 dollar per deed plus overnight fees

But mine were poly BLT and SSR

 

[disney-inspired]

Following this thread for the future.

 

[Robbie Cottam]

Again, not sure of the OKW implications,
But I started to move my assets into a trust.

Less hassle if, when I can’t make my own decision….

Might be an option

 

[ebenmax]

When we add our adult children to our membership are they also given the membership perks for everyone in their household? For example, would my daughter be able to purchase APs for her husband and children? Or just for herself?
Thanks!

 

[erionm]

When we add our adult children to our membership are they also given the membership perks for everyone in their household? For example, would my daughter be able to purchase APs for her husband and children? Or just for herself?
Thanks!

She would be able to purchase APs for herself and any immediate family members residing in the same household (same physical address).

 

[CarolynFH]

When we add our adult children to our membership are they also given the membership perks for everyone in their household? For example, would my daughter be able to purchase APs for her husband and children? Or just for herself?
Thanks!

As above, she can purchase APs for members of her household. I believe there’s a limit of 8 per household, though. @Sandisw has experience.

 

[Disney Spaz]

I am moving this back to the top for anyone else who may need the help. All the other posters were a huge help to me and my family. Thank you.

 

[Magical_Suitcase]

I am moving this back to the top for anyone else who may need the help. All the other posters were a huge help to me and my family. Thank you.

Thank you.

 

[CarolynFH]

I am moving this back to the top for anyone else who may need the help. All the other posters were a huge help to me and my family. Thank you.

You’re very welcome!

 

[zackiedawg]

It's bittersweet to see this thread bumped as I had forgotten about it. I posted here in August after my stepfather passed away, to help my mother who was co-owner of the contract as she wanted to upgrade me from associate on her contract to co-owner. We had advice, and were working out all the details of his estate with so many things to have to change over (bills, properties, accounts, etc), so she hadn't gotten around to the DVC notification when she suffered an aneurysm in October, and passed away herself on Nov 17.

Now I'm dealing with transferring so many things over to my name as the sole heir, and just got the probate filing started - it'll be a long while before it's settled - the DVC contract is included in the probate filing, so I'll be able to get a valuation maybe in a month or so once I have letters of testamentary as executor of the estate, but the ownership transfer will have to wait for probate to clear. Member Services was helpful in providing a list of what to do, where to file, etc...along with all the information in this thread. So definitely thank you to all - I wish I wasn't having to deal with this, as I'd rather have both of my parents around, but at least all the advice is helping make it easier to deal with.

 

[Disney Spaz]

It's bittersweet to see this thread bumped as I had forgotten about it. I posted here in August after my stepfather passed away, to help my mother who was co-owner of the contract as she wanted to upgrade me from associate on her contract to co-owner. We had advice, and were working out all the details of his estate with so many things to have to change over (bills, properties, accounts, etc), so she hadn't gotten around to the DVC notification when she suffered an aneurysm in October, and passed away herself on Nov 17.

Now I'm dealing with transferring so many things over to my name as the sole heir, and just got the probate filing started - it'll be a long while before it's settled - the DVC contract is included in the probate filing, so I'll be able to get a valuation maybe in a month or so once I have letters of testamentary as executor of the estate, but the ownership transfer will have to wait for probate to clear. Member Services was helpful in providing a list of what to do, where to file, etc...along with all the information in this thread. So definitely thank you to all - I wish I wasn't having to deal with this, as I'd rather have both of my parents around, but at least all the advice is helping make it easier to deal with.

I am sorry for the loss of your mother and step-father..