How to get rid of a timeshare that my aunt got in her divorce decree if her ex is now dead and title was never changed?

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How to get rid of a timeshare that my aunt got in her divorce decree if her ex is now dead and title was never changed?

The ex-husband was a resident of one stae and the property is located in another. Probate was never opened because he had no assets and never remarried. The Will gave everything to their kids (there was nothing). Timeshare is worthless/tired of maintenance fees. She wants to give property away but the deed is still in both names as “Tenants by the Entireties”. Does she have to open a probate the state in which he died and then open up an ancilliary probate in the state in which the property was located or can she just open a small probate there? Can she take divorce decree to court to enforce?

Asked on May 8, 2012 under Estate Planning, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I would first start with the divorce decree to see what received title to the timeshare. If you aunt received sole title to it, then she should record a copy of the dissolution decree on the time share for transfer of its title to her exclusively.

If the dissolution decree does not place title to the time share in the aunt, then a probate for small estates will need to be opened up in the county and state of the uncle to transfer his interest (1/2) to the the children designated in the Will. I suggest that your aunt consult further with a Wills and Trust attorney about the situation. He or she will need to review the deed to the time share, the dissolution agreement and the Will of the uncle.


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