Legal Question in Wills and Trusts in Washington
Out of state deeded timeshare
How do out of state (MO, NV) timeshares move through probate when one spouse dies? Deed is written Mr. & Mrs. (not Mr. or Mrs.)
2 Answers from Attorneys
Re: Out of state deeded timeshare
Nice answer, Mr. Busch! Seriously. Elizabeth Powell
Re: Out of state deeded timeshare
It really depends on the state and the ownership of the property. MO is not a Community Property State; NV is. So a community property agreement should do the trick with the NV timeshare (if you have one). With the MO property it could be owned joint with right of survivorship or in a very simple trust. Some states allow for affidavits to avoid probate even with real property (e.g., Arizona). You should sit down with an estate planning attorney to consider your options.
Remember, I'm an attorney but I'm not YOUR attorney so only an adequate review of your situation by a competent attorney will result in an informed legal opinion.
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