Names on the contract


#1

Okay, we have decided that buying DVC is something we need to do and I plan to make the call soon (this week if I don’t chicken out).

I have another question, should we include DS’s name on the contract? Will this makes things easier in the long run?

Will putting his name on the contract save him money in the long run if we were to die? I don’t know a lot about estate taxes and the like because we are lucky that our parents are still alive. I would like my son to be able to book a trip with our points any time he wants, including right after we die if that’s what he wants to do. I don’t want him to have to wait until everything is settled before he can use or bank points.

It seems like having his name on the contract would make things easier for all of us bacause he’ll be able to call and reserve a stay w/o going through us (with our knowledge, of course). I’m thinking that in 30 years I’ll want him to book his own stuff and not have to go through us every time.

Is there any reason not to put his name on the contract? I’m not sure we would tell him his name is on it until he’s much older but is this something that anyone else thought of before you bought?


#2

I would think that having him on that original contract would make it easier, but I don’t think it’s necessary. If he gets everything that you have when you do pass, I would assume that this would be listed as one of those things?? I am not good with this kind of stuff and could be wrong, but when I made my will (when DD was a baby), the lawyer told me to just list my child to receive any and all property owned etc. My father was made her guardian to hold things in “trust” until she came of age should I die and she is under the age of 18.


#3

Thanks Dana!!

He’ll get everything but would he have to pay taxes on it when we leave it to him if his name wasn’t on the contract?


#4

You have a point there. I would just list him on the contract then…sounds like it would be an easier process that way.


#5

Yeah, what WOULD it hurt if you put his name on the contract? i think it would be easier but I’m definately not an estate or deed professional in the least. I would assume it would make things a lot easier for him.

Yay, I’m so excited for you guys!


#6

I don’t know about the taxes and all, but from everything I’ve heard I think he would have to pay some. So, if it was us, we probably would put our DS on the original contract.


#7

That’s what I was thinking–what would it hurt?

I just hope I can do it. I’m sooo scared! Mike has been saying to do it for years but I haven’t been able to do it, the thought of spending all that money actually makes me sick. I’m looking at DVC like a car, it costs about the same but we’ll be able to use it for years, unlike a car.


#8

Stephanie,

I had a similar question in the past, I was discouraged by the closing company beacause of potential problems that may come up in the future if you want to sell the contract. I also had Jason enquire with Disney how difficult it is to add the children at a later date, the process was not that difficult.

I would ask the Disney rep what would it take to place your son at a later point. There is also an age restriction, a minor can’t be part of a legal contract, so you may run into obstacles. We decided not to put them on because it is not that difficult to add them later on and secondly if and when our daughter gets married and if she takes her husbands name then she would still have to process a change with Disney.

Hope that helps.

TK


#9

I am not sure about a timeshare…but my parents recently built their “dream” house that they plan to stay in until it’s time for me to either move them somewhere else or they pass on (hopefully this is many many years from now) anyways…to make things easier they put my name on all the papers as well so there would be less confusion with my family when that time does come. It’s a weird situation but we’ll probably have some inter-family drama when that does happen.
So if they can do that on a house I would think you could do it on DVC.


#10

I dont know if it will make a difference or if someone has said something. My parents had used my name in things when I was younger and when I went to apply for financial aid I was told that I had too many assets. Not sure how they knew or found out etc… but its something to think about.


#11

You have a point. We make the mistake of saving for college in our kids name and the same thing happened.

DT, I don’t know if there is a certain age for them to have their name on the contract. We did put our kids names on our contract but our kids were 27 and 24 at the time. We were thinking the same as you. My DS asks when can I use MY points, we tell him they are OUR points till we die. But we will let you use some points.


#12

wdw&tk is correct, there is an age restriction…not sure if it’s 16 or 18, but I think it’s 18. I looked into it a couple of years ago when we thought about adding the kids to it to ease booking issues and for them to get DVC discounts on AP’s etc (because if they’re not on the contract, they have to have the same address as the contract holder in order to get AP discounts). After reading the above comments regarding College aid, I think I’ll wait until the kids are in/through college & out on their own to add them to the contract.


#13

Thanks for the age. We’ll wait until he’s out of school and has his own address before we add him. I would hate for this to cost him aid when he gets to college so we’ll hold off until we have to add him to get his own APs.


#14

Our rep said it would cost a couple hundred dollars to do the legal paperwork to add the kids, I thought that was pretty reasonable.


#15

YES! If he is of legal age. Generally you can’t enforce a contract signed by a minor, but that doesn’t mean that they can’t be on the contract. DVC just can’t sue them if you default - just you. :biggrin: I’d check with a real estate attorney in FL to find out what the law is there. DVC may not like it but this is a real estate interest so they have to abide by what the FL law is not their own rules.

Make sure that they list the name of DS along with “as joint tenants with rights of suvivorship and not as tenants in common.”

This way the property immediately becomes the suvivors and it is NOT part of your estate. This is important as if your estate owes money to anybody, this would be excluded.

This is the way I have mine deeded. They know that the membership is bought and paid for by me. I control the points and once they move out they can use the points at annual fee costs but they are MY points until I kick the bucket!!!

This way your son is ALSO a member. He’ll have a card in his name. When he marries, everybody in his family will be entitled to APs, etc.


#16

Thanks! This is exactly what I wanted to know. My son is not of legal age so we’ll have to hold off at least 10 years but now I know I can add him then. I don’t wnat him to have to pay estate taxes on it when we die and it would be nice of his name was on it so he could call and book something and get any discount that is offered (like the AP discount).


#17

I just wanted to say YAY!!! YOU’RE BUYING DVC!!! Which will be your home resort??? AKV???


#18

I haven’t done it yet but I hope to. Honestly, I am so scared. I hate spending big money and have drug my feet for 5 years. My DH has pretty much been saying do it but I’ve been holding back. I called my guide tonight to start the process but she was already gone for the night. I hope I can get my nerve up again tomorrow to call.:ohmy:

I’m looking at 170-200 points at Beach Club Villas. For some reason I have no interest in AK. The theme of the resort has never interested me so I know I don’t want to on there. My DH hates that it’s so far from the parks so I know he wouldn’t wnat to own there.


#19

Well, GOOD FOR YOU! I was thinking you’d want to purchase at VWL! Either way, you’re going resale, right? Steph, with the number of vacations you take per year and the type of accomodations you normally pay for, I TOTALLY think DVC is worth it for you!!! BEST OF LUCK!!! :wub:


#20

I think a few years ago we would have but after staying at BCV 3 times we are totally sold on it. As my son gets older we are spending more and more time at Epcot so BC is the best location for us. I also think it might be easier to get in WLV at 7 months than BCV.

I think it’s going to be worth it too, I just hope I don’t chicken out.