Posted by Carolyn Nee on 8/12/11 7:41am
Msg #393418

Timeshare Quitclaim

Timeshares, quitclaim deeds – a friend of mine called me and said that her dad wants to transfer his three timeshares to his kids. However, on the deeds that the timeshare company sent, her name was left out – not by her dad but an error on their part. She asked if she could write her name in with all the particulars. I told her that I felt the documents needed to be revised and I recommended that they talk to the timeshare company and she said that she really didn’t have much faith in anything they had been telling them. Her mom passed away last year and her mom had been an owner in the timeshare, they said they needed a death certificate – ok makes sense but they told her dad that the cause of death needed to be blocked out? Huh? Clerk‘s office of course said they couldn’t do that. I suggested that her dad contact the clerk of court’s ofc again and ask them what they needed so everything would be correct. I believe her mom left everything to her dad. Seems like they would need a copy of the will as well. Comments, suggestions

Reply by Shoshana Roller on 8/12/11 8:15am
Msg #393419

Since we are not attorneys we cannot "help" anyone by giving legal advice.

Reply by Carolyn Nee on 8/12/11 9:25am
Msg #393420

I do realize I'm not an attorney and I was not trying to give legal advice; I was just trying to guide my friend in the right direction and save some time and heartache for her dad. This is a document that will need to be notarized and as a notary I wanted to make sure it was correct before I put my name on it.

Reply by Shoshana/AZ on 8/12/11 9:30am
Msg #393421

I am trying to tell you as tactfully as I can that it's not our job to make sure it's right. That is UPL. As has been said here many times before - notarize, don't analyze.

Reply by jba/fl on 8/12/11 9:56am
Msg #393423

You can suggest to your friend that she contact an attorney as she has questions as to its validity. Or they can contact the person who drew up the document and let them know her concerns. She or her dad with have to take care of this - it is not your duty, nor pay grade, etc.

Shoshana gave you good advice, now it is up to you to ignore it or take it.

Reply by Buddy Young on 8/12/11 11:43am
Msg #393443

I'm not an attorney either, but your friend needs to have the timeshare company redraw the papers. I also believe she needs to have a copy of the will and the death certificate. She may want to seek the advise of an attorney.

Reply by BobbiCT on 8/12/11 10:01am
Msg #393425

NOT that simple ....

Shoshana is right.

NOT legal advice, personal opinion from someone who has handled timeshare transfers and works with real property and "space in time" attorneys. Your friend needs legal advice, particularly because having a death certificate doesn't solve everything.

It's your personal tolerance for risk whether you decide to help your friend with her legal matter or suggest it's beyond your expertise and that of strangers on the 'net.

Reply by Carolyn Nee on 8/12/11 11:55am
Msg #393445

Thank you all for your comments and advice to my post. I'm not a frequent poster here but a frequent reader and I appreciate what all of you bring to this forum. Your comments, suggestions, advice, experience have all been extremely valuable.

I don't feel I gave my friend legal advice by referring her to the clerk of court. She did ask me if it was okay to write in her name and then would I be able to notarize. I told her I didn't know - it just seemed in my mind that that might present problems. That's why I referred her back to the timeshare company and then when she commented that she didn't trust them to give them the right info I told her that she should call the clerk of court. If it were you, would you have notarized the document with her name hand written in?

Reply by jba/fl on 8/12/11 12:22pm
Msg #393447

On this, without clearance from the title company, etc., NO - that is N O. (spell it out loud)

But, that is just me and my opinion. Carolyn, I believe your best course of action is to recommend a RE atty or one who has dealt with timeshares. Timeshares are an ugly animal.

Reply by Dorothy_MI on 8/12/11 1:37pm
Msg #393449

Agreed and your friend might be very surprised at the obligation she is committing herself too. Definitely see LEGAL help and one with Timeshare expertise!

Reply by JanetK_CA on 8/12/11 2:12pm
Msg #393462

My thought, too. No legal advice here, just uneducated opinion on this subject, but the daughter might find out she's better off being left OFF the title...

Reply by MikeC/NY on 8/12/11 4:29pm
Msg #393477

It doesn't sound to me like you gave any legal advice, and you were right not to notarize - I would have declined to notarize also.

Your best course of action in situations like these is to just suggest that they seek legal advice from an attorney. yeah, it will cost money, but it may cost a lot more in the long run if she just tries to improvise. Having her check with the timeshare company would be a waste of time, IMO - she needs competent legal advice, because this kind of stuff is not as simple as it may seem.

Reply by A S Johnson on 8/12/11 12:57pm
Msg #393448

The 1st question, isLA Los Angles Ca or the State of Louisana? These two states have VERY different laws.
Seeing this stems from the death of one of the orginal vested names, why wasn't it taken care of in Probate. Thier was a Will? This estate was Probated? It does have some unique issues.
It seems so many think they can avoid probate, but as any of you who have done loan signing for any time so understand when it comes to real estate being transferred properly you MUST dot the "i's" and croos the "t's" or thing canl come back to bit you in the butt later and cost so much more.
Like an attorney, you don't give free advice. In your case as a Notary, any advice could be later considered a legal advice and unless you are in the State of Louisana you can not give legal advice. We won't discuss what you can and can NOT do in Louisana.

Reply by JanetK_CA on 8/12/11 2:16pm
Msg #393465

For the record, the two letters that show up after a person's name at the top of a message always refer to the state, so if that info is correct, it's probably safe to assume she's in Louisiana...

Reply by Carolyn Nee on 8/12/11 3:30pm
Msg #393474

I am in Louisiana. And, although Notaries in Louisiana can do some things that Notaries in other states (as far as I know) can't do - some examples are mandates, notarial wills, open some successions - we cannot give legal advice. Again, that's not what I thought I was giving to my friend. After seeing all the posts here, in particular with regard to timeshares and how potentially messy they are (it's just not notarizing a document) ------ regardless of what the timeshare company or clerk of court tells her about the paperwork, I I have recommended that she and her dad seek legal counsel.