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Re: Manhattan Club Lawsuit

I was the executor as well as the inheritor..I lived in MA, my mother died in VA and this timeshare was in NYC. I had to file an ancillary probate in NY. I was told TMC was legally entitled to collect the fees of the estate in perpetuity. I met a couple last April while I was staying at the club and asked them if they knew about the forum and the investigation...they did not, but paid the fees and enjoyed the club and said they were able, through estate planning, to make sure their heirs were not saddled with the timeshare and that it will somehow disappear after their deaths. I believe they were from South Carolina. [Q=nathanz2] Hello Stephen, I am not an attorney, so I don't have to worry about my legal opinions! However, even assuming that an heir can disclaim inheritance of a timeshare, I believe it would remain in the estate, not revert to the MC. The MC may have a claim against the estate, but so long as it does not enforce it with a foreclosure, it cannot be forced to take possession of the unit. And if the estate is solvent, the executor could not pay bequests to heirs before the debts of the estate, including maintenance fees owed the MC, were paid. To do otherwise opens the executor to liability for defrauding the creditors of the deceased. Payment of debts is one of the primary obligations of the executor. I would value your feedback.[/Q]