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

Traveler,

Either you did not share all the facts with your "very well known attorney" or he is operating outside his area of expertise. I suggest you contact an attorney who is Board Certified in Estate Planning and Probate Law for a more reliable answer to your legal question.

It seems you are confusing the term "trust" with "estate". If you are actually referring to a trust then it must be a testamentary trust that is funded at the time of your death. That is, you now own six timeshares and one will pass to the testamentary trust at the time of your death under the terms of your will. The other five timeshares if ignored in the body of your will become part of the residue of your estate and will pass to the legatees of the residue. If the legatees of the residue are not named in your will then the timeshares will pass to your children. They can disclaim ownership if done timely but if not the timeshares are theirs. The executor at this point will be under a fiduciary responsibility to transfer the legal title to the timeshares by deed to your children and to notify the timeshares management of the title change. The executor is also responsible for paying all maintenance fees due at the time of your death.

If the executor elects to ignore this responsibility which is not uncommon with respect to timeshares the timeshares management could file suit against the executor forcing him to act.

Your statement that the "liability for them dies with us" is totally inacurrate. A lot of people believe this but it is not true. The estate is responsible for the liabilities of the decedent. An insolvent estate may not pay all liabilities but the liabilities do not suddenly just go away because of the death of the debtor. Any "very well know attorney" who is familiar with probate law will verify the accuracy of my comments.