What to do if my ex-spouse died but my name was still on the deed to the timeshare as joint tenants with the right of survivorship?

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What to do if my ex-spouse died but my name was still on the deed to the timeshare as joint tenants with the right of survivorship?

My husband and I divorced 7 years ago and the two timeshares were split between us. He never removed my name from his timeshare deed. He passed away this year. What do I do about this timeshare? Do I now own it? Am I liable for the maintenance fees? I don’t have a copy of the deed. He died without a ill.

Asked on December 10, 2011 under Estate Planning, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Is your name on the time share deed as a joint tenant with the right of survivorhip or in some other capacity? if it is as a joint tenant, you receive your former spouse's interest in the time share that you are writing about by way of operation of law.

Since your name is on the time share deed and your former spouse is not around to pay the maintenance fees, you and perhaps his estate are responsible for the fees. I suggest that you consult with a Wills and trust attorney about the situation you are writing about after you obtain a copy of the time share deeds.


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