Legal Question in Real Estate Law in Nevada

Re: Timeshare transfer of ownership

First you need to refer to your deed or contract and see whether you were tenants in common or joint tenants. If the latter, you became the 100% owner upon your boyfriend's death (assuming no intervening transfer of his interest was made prior to his death). If so, get a certified copy of the death certificate, and ask the county recorder of the Nevada county where the property is located what a surviving joint tenant should do .... they probably have a form. (As a California lawyer, I can't advise you on details of Nevada's procedures.)

If the property were held by the two of you as tenants in common, his interest passed to his heirs, as you probably know, and the proper procedure will depend upon whether and how his estate was administered, whether the half interest passed by will, trust or intestate succession, and to whom.

Your question doesn't mention any probate administration, nor whether there was a will, a trust, etc. -- There is a two-step process here in getting his half of a tenancy-in-common title in your hands. First it has to pass cleanly to his heir or heirs. That may be the more complex part. The second part, which is simpler, is for the heir or heirs to quitclaim their interest to you. When you're ready for this (2nd) step, I would suggest obtaining a quitclaim deed form adapted or designed for use in Nevada. They are probably available on line, perhaps from LawGuru.

If the estate hasn't been through any form of probate administration, or handled as an exempt small estate, you need advice from an attorney with expertise in the area of administration of estates.

Next, I should mention that some time share interests are "land contracts" or "contracts for deed" rather than deeded interests; if so, the rules applicable to personal property, rather than real estate, would be in play. The main area where this would be of importance is in probate administration. When a decedent's estate includes out-of-state real property, it is usually necessary to open an ancillary proceeding in the other state (here, Nevada) to carry out probate of the estate. If the time-share interest were still personal property, this would be unnecessary.

Finally, you should re-read your time-share contract and purchase literature for anything of a legal nature that characterizes what you bought and how interests are transferred, and maybe contact the seller.

Re: Timeshare transfer of ownership

Thank you for the inquiry. There are a lot of possibilities in your scenario.

First, you must determine how title of the timeshare was taken. If it was as joint tenants (often abbreviated JTWROS - "Joint Tenants With Right of Survivorship"), then you can administratively get a new deed relatively simply, naming you as sole owner.

If you were "tenants in common" then the property could have to go through probate, like other property of your boyfriend's. He could have ginven it to anyone in his will. If he had no will, then his family likely takes in some manner or another. The fact that his family is willing to transfer it to you is fabulous - as that is often where the battle lies. The question is, who among them has the right and interest in the property? i.e. who can transfer it to you? That cannot be answered with the informaiton I have here. You need to discuss, with me or any qualified attorney, the status of his will or probate proceedings. Once the recipient of his interest is identified, transferring his interest to you is simple, via a "quitclaim deed." This is a very simple form and you may be able to prepare and record this document without a lawyer. I suggest you call me or another lawyer to help with the hard part of your situation...who now has your boyfriend's ownership interest?

Please feel free to call my office to discuss retaining me to help you further.

Good luck, and I am sorry to hear of your boyfriend's untimely passing.

Joe