No way to gift membership?

[Adg0428]

Hello,

My Godmother is wanting to gift us her DVC. I started the transfer process through LT Transfers and after paying the deposit they said that since there’s no actual relationship then we would have to go through ROFR. Since it’s a gift, obviously it would be taken. Is there no way around this?

 

[Sandisw]

DVD isn't going to step in and take it for $0 when this is a gift. They are not allowed to use ROFR as a way to get back contracts for free.

They waive the ROFR process when it is between family members...but when not, you have to go through the full process.. I don't know for sure how this might play out, but worst case is that they may deem it not a valid transaction and not allow it? But, honestly, not really sure. I'd give a call to MA to get more details on how to handle.

One way to avoid this, though, is to have your godmother add you as a co-owner to the deed for now, with joint tenancy with right of survivorship. If you are already an owner, it would give you a second membership. If you would be a new owner, then its not a big deal

Then, at some time in the near future, file for another deed transfer to remove her as a co-owner.

 

[Dobermanns]

One way to avoid this, though, is to have your godmother add you as a co-owner to the deed for now, with joint tenancy with right of survivorship. If you are already an owner, it would give you a second membership. If you would be a new owner, then its not a big deal

Then, at some time in the near future, file for another deed transfer to remove her as a co-owner.

Thank you! Very useful info as I intend to leave a couple contracts to a dear friend who’s been like a brother to me.

As far as family goes, does it need to be immediate family? I also have a first cousin in mind

 

[Sandisw]

Thank you! Very useful info as I intend to leave a couple contracts to a dear friend who’s been like a brother to me.

As far as family goes, does it need to be immediate family? I also have a first cousin in mind

Honestly, I am not sure on that. All we did was add our adult kids to some of our contracts.

There are others who may have done it. I still think that even with ROfR, it would work. Just may need to do something specific and why a call to MA would be good!

 

[Adg0428]

I'm not sure if LT Transfers has experience with it, but they said that it would get taken in ROFR as it's a gift. If we put a "price" on it, is there somehow they make sure I'm the one paying it?

 

[Robbie Cottam]

Sandisw is on the correct track here. Add the OP to the deed

Adding an owner to the deed is straightforward and easy. You can do it yourself for less than 100 dollars. Once the deed is recorded MA can send you the form to add the new owner member.

I would not make a disingenuous price like $300 dollars per point, to pass ROFR, as this would cause other problems, and draw attention.

 

[AstroBlasters]

Make sure you look in to the gift reporting and tax laws in the states you live in.

 

[Adg0428]

Sandisw is on the correct track here. Add the OP to the deed

Adding an owner to the deed is straightforward and easy. You can do it yourself for less than 100 dollars. Once the deed is recorded MA can send you the form to add the new owner member.

I would not make a disingenuous price like $300 dollars per point, to pass ROFR, as this would cause other problems, and draw attention.

So say my Godmother adds me to the deed, are we able to go through the process to remove her after? Or just keep her on it?

 

[crisi]

So say my Godmother adds me to the deed, are we able to go through the process to remove her after? Or just keep her on it?

She then files a quit claim deed, which is a simple process. She may want to wait some time though to separate the two events.

 

[Robbie Cottam]

So say my Godmother adds me to the deed, are we able to go through the process to remove her after? Or just keep her on it?

Yes, you can remove her in a second step.

If you file the deeds yourself with the comptroller office (assuming WDW). The filing fee is 10 dollars per page. Or it was in 2022.

I might wait, a year, but I don’t think you technically have to, is there some urgent reason she wants off the deed?

 

[Adg0428]

Yes, you can remove her in a second step.

If you file the deeds yourself with the comptroller office (assuming WDW). The filing fee is 10 dollars per page. Or it was in 2022.

I might wait, a year, but I don’t think you technically have to, is there some urgent reason she wants off the deed?

She no longer wants the membership.

 

[JPKanks]

If a person is added to a deed, do they get all the benefits that the owners get? Meaning, will the people added get their own DVC discount card, access to the DVC site to see availability, etc.?

 

[Robbie Cottam]

If a person is added to a deed, do they get all the benefits that the owners get? Meaning, will the people added get their own DVC discount card, access to the DVC site to see availability, etc.?

Yes, because they are now an owner.

You do have to tell member services

 

[crisi]

Yes, you can remove her in a second step.

If you file the deeds yourself with the comptroller office (assuming WDW). The filing fee is 10 dollars per page. Or it was in 2022.

I might wait, a year, but I don’t think you technically have to, is there some urgent reason she wants off the deed?

The only reason to delay on the quit claim is so Disney doesn't flag the events as a means to get around ROFR and open some sort of inquiry. I honestly don't think they would do that, but they don't want a bunch of people doing this end around the ROFR process and could ask questions. A little time and it stops looking like "we did a private deal to work around ROFR" - which, to be clear, is NOT what is going on here.

 

[Robbie Cottam]

The only reason to delay on the quit claim is so Disney doesn't flag the events as a means to get around ROFR and open some sort of inquiry. I honestly don't think they would do that, but they don't want a bunch of people doing this end around the ROFR process and could ask questions. A little time and it stops looking like "we did a private deal to work around ROFR" - which, to be clear, is NOT what is going on here.

I agree,

However, if there is no rush, once of prevention or pound of cure. Which one works best for you?

 

[Sandisw]

If a person is added to a deed, do they get all the benefits that the owners get? Meaning, will the people added get their own DVC discount card, access to the DVC site to see availability, etc.?

Yes. That is why adding can make a lot of sense if everyone wants to be a joint owner.

It’s why we did it with our adult kids. When you transfer outright to someone not your relative, then certain benefits might not transfer in the way they would with immediate family.

But, if you do become the joint owner, the. You get the same privileges. Just need to be aware of what this means and I personally would only do it in a situation like this or with my kids, like we did.

 

[intamin]

She no longer wants the membership.

She wouldn’t have to do anything with the membership after she added you as you’d have full membership privileges to book things on your own. Like others are saying on here you can just have her sign the quit claim deed next year and it wouldn’t look as suspicious

 

[AnnaKristoff2013]

Boy, I would call Disney and just ask them before doing what is being suggested here. Is she a blue card member? Putting yourself on the deed and then one year later taking her off the deed is sure going to look like someone just tried to sell you their blue card benefits and dodged ROFR at a premium price. I wouldn't want to risk it when I'm sure you can just talk to Disney, explain what you are trying to do, and have them walk you through how to do it without triggering some sort of flag/investigation. If you talk to Disney first and they tell you this is fine, then at least you're covered.

 

[Robbie Cottam]

Boy, I would call Disney and just ask them before doing what is being suggested here. Is she a blue card member? Putting yourself on the deed and then one year later taking her off the deed is sure going to look like someone just tried to sell you their blue card benefits and dodged ROFR at a premium price. I wouldn't want to risk it when I'm sure you can just talk to Disney, explain what you are trying to do, and have them walk you through how to do it without triggering some sort of flag/investigation. If you talk to Disney first and they tell you this is fine, then at least you're covered.

I’m pretty sure you will find that the people here that have made recommendations have done this before.

However, if you think Disney will give legal advice have at it

 

[AnnaKristoff2013]

I’m pretty sure you will find that the people here that have made recommendations have done this before.

However, if you think Disney will give legal advice have at it

Not asking them for advice, asking them for permission.