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Original Message:
Selling timeshare after death of owner (by KC):
susanf248 wrote:You might try calling your resort to see if they would accept your deed at no cost.
Good advice --- almost. A REQUEST for the resort HOA to "accept deed in lieu of foreclosure" should be made ONLY IN WRITING, prepared by the executor of the estate and addressed and sent directly to the HOA of the facility, via the resort. DON'T call the resort on the phone and rely on the uninformed, irrelevant verbal input of a desk clerk there, who has absolutely no legal authority or standing (and likely no actual knowledge either) on the matter. Also, DON'T just unilaterally send a quit claim without prior HOA written agreement to accept same; this would just aggravate and annoy a HOA which might otherwise have been receptive. Remember, there must ALWAYS be overt "acceptance" for any deed to be legally valid. NO ONE can just "quit claim" a deed to an unknowing, unsuspecting recipient --- such a deed has no legal validity whatsoever and is very easily voided.
A preceding post / advice suggested that OP might attempt to sell that which OP doesn't actually own in the first place. That was / is supremely BAD advice (and further, it would not even be lawful for the OP to do so, since the OP clearly indicated that he is NOT the executor of the estate at issue).
Most resorts will NOT accept deedbacks under normal circumstances, but the situation described by the OP is a noteworthy exception. When a last owner of record dies, there is literally NO ONE directly responsible to pay future maintenance fees. A smart HOA knows this, and also knows that it is much less expensive and time consuming in such an instance for them to just simply accept a "deed in lieu of foreclosure", rather than incur the requisite attorney costs to later foreclose (it's a minimum $1,000 and usually closer to $1,500 "out of pocket" for an HOA to foreclose).
The HOA might still request (as is entirely reasonable) the estate to pay some minimal closing costs (after all, new deed preparation and subsequent recording thereof is not free), but in spite of that minimal cost a "deed in lieu of foreclosure" is almost certainly your most expedient way "out". Good luck.