Attorney Answers Riverside County Wills & Probate QuestionMy mother passed away without a will and lived in Riverside county, California. The only thing she had was a timeshare which she still owes 5 years on. How can I go about keeping this. I am the beneficiary on the time share my mother owned when she died. She doesn't own it yet, she is making payments. She was actually on vacation when she passed. What can I do to keep this. She lived in Riverside county, California and left no will.
Attorney's Response to Wills & Probate Question from Riverside CountyYour mom lived in Riverside county, California and passed away without a will. Because your mother passed away without a will, her estate would be distributed according to the rules of intestate succession as laid out in California Probate Code section 6400-6402. Under those rules what you would receive would depend on whether your mother was married and whether you have any brothers or sisters. However, if the time share itself listed you as the named beneficiary, then the time share would fall outside of your mother's estate, and you would be the sole beneficiary of the time share. Assuming there was a note or something that she was paying on the timeshare, once you receive the timeshare, you would then be liable for the payments. Depending on the value of the time share you may need to have your mother's estate go through a probate if it is valued at more than $100,000.00 under California law. In this case, you may want to consult with a local (Riverside county) probate lawyer. Assuming you are the named beneficiary, then you will need to contact the timeshare company and ask them what there procedure is to get the timeshare transferred to you. You will probably have to provide them with a death certificate as proof of your mother's passing.
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