Two Memberships?

MilwaukeeMom

Mouseketeer
Joined
Feb 25, 2018
My husband passed away last year and his name is on two of our December contracts which were both Blue card eligible. I just purchased an August contract through resale in my name only. Do I need to remove his name from our joint contracts? If I do that will I lose my Blue card benefits? Will the original contracts remain Blue card and the new membership be not Blue? Wondering what else I don’t know. Thanks in advance.
 
I am sorry for your loss. Contact MA and they can tell you what to do but you won’t lose membership extras when it’s just your name.

Because your new contract is an Aug UY, it will remain its own membership and since they are resale, those points will be restricted and that membership will be considered ineligible for extras unless you ever add direct points of 150 or more to it.
 
I assume you mean both your names are on those December contracts and deeds. If you bought them while married, the deeds will likely be in the form of tenancy by the entirety (typically they will say the deed is issued to "husband and wife"), a form of joint tenancy, under which the surviving spouse automatically becomes the sole owner of the entire property interest upon the death of the other spouse, and you retain all the same ownership rights with DVC that you had when the contracts were purchased.

If it has not yet already been done, you should contact MS and inform it of the situation and have the record reflect that you are now the sole member-owner, for which you may need to provide a death certificate to MS.

The only issue you will then have is one involving the future. The official county records where deeds are filed (the Orange County Comptroller for WDW resorts), will continue to show that the property is still owned by both spouses. That deed can be changed via filing of the death certificate and notarized affidavit confirming the death, and a copy of new deed that removes the deceased spouse. Until that is done, you cannot sell or give away (such as to one of the children) the property to another.

You also now have the issue that when you pass away, the DVC Property (including your new August contract with separate membership) will be subject to probate in the state where the property is (if, as I am assuming, you have WDW properties, there will be probate in Orlando), which will cost your estate extra money to do if you actually live in a state other than Florida, which can be avoided if the property is transferred to a living trust or you add someone else as a joint owner of the property, such as one of your children.

If you had an attorney for your husband's probate, who was informed of the DVC properties, that attorney should have made you aware of the above issues.
 
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