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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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My mother passed away last August of 2012. Im her only living

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My mother passed away last August of 2012. I'm her only living relative here in the United States. All assets were already in my name prior to her passing except for one. It's a timeshare membership (Worldmark by Wyndam). They are asking for legal documentation that I'm her executor/administrator of the estate and that I need to go to probate court. Is there any other legal documentation I can use to prove that I'm the sole beneficiary without having to go through probate?
Welcome! Thank you for your question.

The short answer is unfortunately no.

How much would you say this timeshare interest is worth?
Customer: replied 3 years ago.

I'm not sure on the exact amount, but I believe it's around 15-20,000.

Customer: replied 3 years ago.

Do I have any options at all?

There are two type of timeshare interests. One is an interest to use a property based on a right to use agreement. Under a right to use, there would not be a deed therefore your mother had no real property ownership.

Another type of timeshare is a real property interest. This would mean that your mother actually had a deed to the property.

If your mother does have a deed then you are going to have to proceed with the full probate process in CA.

However, if your mother only had a right to use contract then you can do a shortened probate process if the value of the right to use the property is less than $150,000. It is called an affidavit for collection of personal property. Here is the probate court's website that describes how to file such an affidavit. The next link is for an actual form affidavit that you can complete and file.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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John Elder and 4 other Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you so much.

You are welcome!

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