Legal Question in Wills and Trusts in Georgia

My husband passed away in 2012 and everything we owned was in both names. Our will stated that everything was willed to the other in case of death. Now I am trying to get his name off of a timeshare we own in Georgia. When I called the court house in Hall County to find out how to do this, they said I needed to contact an attorney!!!! All I am trying to do is give it back to the management company because the yearly fees are so expensive!!!! It is really worthless. What can I do about this. I contacted the mang. company first and they agreed to take it back if I paid 125.00 transfer fee. I mailed them the $ and death certificate. Then a lawyer called me and said that all of his children would have to sign forms releasing any claim that they would have. The will did not have to be probated. I have sold our home with no problem. I really do not want to go through all of these procedures over such a minor thing. We also had two timeshares in Florida and all I had to do was take the death certificate and pay $10.00 for recording fees. Do the people in Hall County just not know what they are doing, or is this normal for Georgia. Please help me.....


Asked on 1/06/14, 12:59 pm

2 Answers from Attorneys
Rachel Hunter

Whether you deem this a "minor" thing or not is really not the issue. Every timeshare company is different and may have different requirements as do different counties. And I don't know why you accuse the people in Hall County of not knowing what they are doing. This seems to be an issue with the timeshare folks, not Hall County. The people in Hall County were correct. They are precluded from giving legal advice and advising you on the transfer of property would be legal advice so I do not fault them here.

If you owned the timeshare as a joint tenancy with right of survivorship, then the timeshare would have passed to you automatically upon death. Even if it did not, there was a will here which made you the primary beneficiary so I don't see why the children would have to sign anything.

Since you are trying to save money, send the lawyer for the timeshare folks a letter. include with the letter a copy of the will and death certificate. Reiterate that your husband made a will leaving you everything, that there were no probate assets and that the will is not going to be probated and that you are willing to pay the transfer fee (or that you already sent it). Ask that the lawyer prepare the forms for you to sign to convey the timeshare back to the company.

Send the letter by certified mail and keep a copy for you.

See what the lawyer says.

Read more
Answered on 1/06/14, 1:42 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

I am sorry for your loss. First of all, it is a crime for a court clerl to give you legal advice and they can be fined and jailed and lose their jobs for doing it, so don't blame the clerks. Time shares often don't take them back and sue people, so if you have one that will do it for a mere $125, be very happy and do what is needed. Unless the time share was owned in a joint tenancy with right of survivorship, his half has to be probated. If they'll accept the children signing releases instead a probate, be VERY happy. Your difference in Florida and Georgia is likely due to state law (I believe Fla. presumes a joint tenancy and Georgia does not). But since you have a time share company that is trying to make it easier work with them before they change their minds.

Read more
Answered on 1/06/14, 1:47 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Georgia