Legal Question in Wills and Trusts in Virginia

My mom passed away in 2012 and owned a one week deeded time share in Virginia Beach, VA. I am her one and only child and according to her will, I inherited everything. I also qualified as her executor, went through the probate process where she lived, and filed all necessary paperwork in probate court in Virginia Beach, VA. regarding the time share deed. There is no issue in probate court on who owns the property, but the time share company will not remove my mom's name from the account, they just added my name, until a new deed is completed and recorded in land records at Virginia Beach, VA. The time share company told me they needed a quit claim deed but the attorney I am using in Virginia Beach is recommending a deed of distribution. I have also read about an Executor's deed. Which one of these would be appropriate or any other options? Thanks in advance.

Asked on 8/17/19, 7:48 am

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Your question raises a common problem.

The law can tell you the correct way to do something or the correct document you need.

But the law does not force a private company to accept the document.

So the problem is what will the time share company accept?

I believe there is some confusion of terms, however.

I believe that a Deed of Distribution (from the Executor) is the correct approach.

A quit claim deed is really not different.

A quit claim deed refers to the CONTENTS of the deed, not the category or type of deed.

The choices are typically -- a warranty deed or a quit claim deed.

A warranty deed gives various promises and guarantees, such as that the Grantor has good title and owns the property.

A quit claim deed makes no promises. The Grantor merely gives whatever rights he has: Basically I make no promises, but whatever rights I have I deed over to you.

So an Executor's Deed could be either written (in terms of contents) as a warranty deed or a quit claim deed.

So I think what you should be looking at is a Deed of Distribution from the Executor of the estate in probate of your mother, and if the time share company will accept it the contents of the deed could be a quit claim deed -- making no promises as to the ownership but simply giving you whatever rights the Executor has.

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Answered on 8/17/19, 9:05 am

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