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NEED TO RETURN TIMESHARE (by Carvan A.):

Jayjay wrote: "It's mindboggling that Timesharing Today would print such a letter"

Actually it was not a letter to the editor but rather an article selected for publication by Timesharing Today and that is actually more egregious than merely publishing a letter to the editor.

The writer indicated the article was directed to "senior senior timeshare" owners suggesting maybe someone in their eighties but this does not mitigate the fact that he promotes illegal activity in proposing the filing of a quick claim deed in the public deed records purporting to transfer the timeshare to the owners association without their knowledge or consent. The filing of the deed without the knowledge or consent of the owners association is civil fraud at best and probably criminal fraud in most states.

Lance highlights the advice given and says number 3 goes over his head. That point proposed that the timeshare owner not make a bequest of the timeshare in his/her will. Failing to mention the timeshare in the will does not mean it is not part of his/her estate. The asset not specifically identified in the will drops into what is called the residue of the estate. Most wills provide (or at least should) for the disposition of the residue of the estate. Heirs of the residue have the right to timely disclaim the inheritance. That is, they don't have to accept the inheritance. Failure of all heirs to the timeshare to disclaim means that someone will individually or jointly own the timeshare. The executor/administrator is obligated to pay only the fees due at the time of death and for which claims are timely filed by creditors. In the real world the owners associations are usually not aware of the death of an owner unless they subscribe to an expensive service that continually scans all probate filings nationally and informs them of the death so they rarely file a timely claim. Failure to file the claim means the owners association has absorb the loss. In addition the majority of estates in the United States are not probated (varies from state to state) and the owners association rarely is aware of the death in time to file a claim. The owners association can timely force the opening of an administration if aware of the death but this is rarely done because of the expense/recovery ratio.

Despite what you may have read elsewhere on Redweek or TUG the estate can be closed after all timely filed claims have been paid and the assets distributed. It is not in the public interest to require the administration to remain open into perpetuity waiting for someone to step forward to claim ownership of the timeshare and pay the past due fees. There are legal deadlines to meet and timeshare associations are not exempt from these requirements.