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Original Message:

Re: Timeshare in a Estate (by Albert M.):

The unit isn't necessarily a wasted asset and thrown away when back with the management. It's often the case that MF are billed for future use. If the executor explains that the week is not going to be used next year, that collection is impossible, and that the manager is free to assume this week, possibly rent it until such time and the title is cleared, then the association is compensated and can get rent in lieu of MF and that's not inequitable. If the week in question has been held without payment of MF, then that is a different matter. Prior MF obligations are an indebtedness. It would be criminal, IMO, for a fiduciary to attest that all estate debts have been paid and stiff an association. The association was expecting that prior MF and has no way of recovering prior payments. If it has an inventory of current weeks for sale and now comes an estate week owing a prior MF, it can't sell the new week at a premium. (In some states it's illegal to try to attribute past-due MF.)