Legal Question in Real Estate Law in Pennsylvania

Re: Removing Deceased Spouse From Deed

I don't deal with timeshare interests, but can explain the effects of the same facts if it is considered to be "real property":

If you and your late husband took title as "husband and wife", and/or the deed had language that said as "tenants by the entireties", then you automatically become the sole owner on his death. You do not need to have a deed recorded showing the change in legal title. When a surviving spouse sells such a property, the deed will recite that fact of the death of the other spouse, and that the survivor automatically became the sole owner at the death of the other spouse.

In your case, you may add recitals saying that you subsequently remarried and are now known as "X" [your new married name], and you would sign a deed as both your former name and your current name.

If you did not have tenancy by entireties, or if you divorced before your late husband died, you have what is known as "tenants in common" title. While it certainly may be desirable to record a deed from the Executor of your late husband's estate to you, of his interest in the timeshare, I believe that you may want to wait until you sell the property, in the same way as you would do in tenancy by entireties.

So long as tax bills and other notices are sent to you at your current address -- and you should insist that the time share company do that -- and you stay on top of maintenance and time share fees and any property taxes, you should be O.K..

As part of the PA probate process, I assume that you filed an inheritance tax return and, if the property was not entireties property, you paid the inheritance tax due on your husband's interest in the property that you inherited.