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Re: Getting rid of a time share. (by Carvan A.):

Tony,

What does one do where the decedent dies intestate and there is no probate because the decedent's property (except the timeshare) passes outside probate via joint tenancy with right of survivorship, inter vivos trusts, life estates, and various nominee arrangements? If the maintenance fees are current at the date of death, can the timeshare management force the opening of an administration of the estate and if so where is the venue and who pays the legal fees?

What if the intestate heirs do not want the timeshare for a multitute of reasons including high maintenance fees and either all heirs disclaim the timeshare or simply ignore the matter.

To further complicate matters, what if there is an unprobated will and the legatee of the timeshare takes no action to probate the will. What happens if the timeshare management is unaware of the decedent's death and is not notified by a member of the family and the statutary period for opening a probate or administration passes without any probate activity?

What if there is no fraudulent intent motivating the actions of any of the heirs at law or legatees?

With no disrespect intended, Tony, one does not rely on legal advise posted on this site for answers to these questions but rather contacts a board certified estate planning/probate attorney for answers.

The above comments were written while enjoying our Marriott timeshare at Park City during the Sundance Film Festival along with skiing at Deer Valley. I have sold timeshares with no difficulty and I suggest the key to "getting rid of a timeshare" is to buy at the right place during the prime season. Trying to save money upfront by buying in an off season at a poorly managed resort will ultimately lead to ownership of a timeshare you cannot give away.