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Re: Manhattan Club Lawsuit (by Chris V.):

hi drusillam2, i suspected a hitch from someone. do you know the "type of" or specialist attorney who is totally knowledgeable about timeshare ownership and willing it to others, children/relatives in this case? i checked with my original attorney (who wasn't much help) again, and he said to peruse the contract/deed to find a clause concerning this matter......as you noted in your remarks. perhaps you can lead us to find an appropriate and timeshare-knowledgeable attorney regarding this matter of heir responsibilities and rights regarding willed items, to wit declining the manhattan club timeshare if willed to them. my non-legal, but common sense line of thinking leads me to believe that if heirs who don't want something that's willed to them, they needn't accept it. they were not a part of the original timeshare contract, so they do not have any contractual obligation.

the proverbial plot thickens!!

thanks for the info.

pls keep in touch.

chris

drusillam2 wrote:

This sounds like good news re inherited time shares, but probably checking with lawyers well versed in timeshares would be appropriate. As a residential realtor for 40 years, the AARP info would be contrary to typical residential real estate law. Most real estate contracts of sale have a clause indicating that sale is binding upon buyer and his heirs, meaning if buyer dies prior to closing, his heirs are still responsible for the transaction. However, in many cases selling party may very well not hold the heirs to the terms of the contract or may negotiate some sort of settlement. Timeshares are certainly different in many ways and it would not shock me to find that inheritance re timeshare might be quite different. Most attorneys doing residential real estate closings and some estate work probably don't know that much about timeshare law. Dee