[WSBAPT] Time share refusing to accept LOPA.

[Heather deVrieze]

Timeshares are often considered real property, requiring deeds to transfer. If that is the case, regardless of the value, they may not be wrong in asking for full probate. The small estate affidavit is technically only for personal property, and to my understanding, a “lack of probate affidavit” is a construct of the title companies, and not a substitute for probate being legally required, except that the title companies will often accept them.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Brent Williams-Ruth
Sent: Thursday, May 31, 2018 12:58 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Time share refusing to accept LOPA.

I have a PC who had a small estate, has been handling everything with a lack of probate affidavit. Only property is a Wyndham time share. They wrote to her demanding full probate and letters testamentary authenticating her as the executor.

She is only child. Everything to her (no siblings or surviving spouse). Short of calling and trying to explain to them - suggestions for handling? Can’t imagine having to do a full probate for the value of a timeshare.
Brent Williams-Ruth
Founding Member
BWR Consulting, PLLC
Phone: (425) 830-5134
e-mail: brent at bwrconsults.com<mailto:brent at bwrconsults.com> / website: www.bwrconsults.com<http://www.bwrconsults.com>
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