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Re: Manhattan Club Lawsuit (by Nathan Z.):

Hello Stephen,

I am not an attorney, so I don't have to worry about my legal opinions!

However, even assuming that an heir can disclaim inheritance of a timeshare, I believe it would remain in the estate, not revert to the MC. The MC may have a claim against the estate, but so long as it does not enforce it with a foreclosure, it cannot be forced to take possession of the unit. And if the estate is solvent, the executor could not pay bequests to heirs before the debts of the estate, including maintenance fees owed the MC, were paid. To do otherwise opens the executor to liability for defrauding the creditors of the deceased. Payment of debts is one of the primary obligations of the executor.

I would value your feedback.