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WHEN OWNER PASSES AWAY
I hope someone addresses the previous writer's question.
I would like to add a couple of questions:
What happens when an owner just stops paying the maintenance fees? Would failure to pay just lead to forfeiture of the timeshare? Does the timeshare company or the individual resort have a claim against the owner who abandoned the property?
For California timeshares, property taxes are billed to the owner separately, not with maintenance fees. If one failed to pay property taxes, I suspect the county would auction off the timeshare and collect the property taxes from the proceeds of the sale. I doubt that the property tax lien would go with the property to the new owner. Any comments on this?
Den
Last edited by dennish144 on Jul 13, 2019 05:04 PM
dennish144 wrote:What happens when an owner just stops paying the maintenance fees? Would failure to pay just lead to forfeiture of the timeshare?
That usually is the case. Of course, the resort or its management company would sent the owner a number of letters and phone calls threatening collections before foreclosing. The risk the owner takes is that he might face a ding on his credit score or rating which could affect future efforts to get a loan or mortgage.
Lance C.
kristys128 wrote:What typically happens to a timeshare when the owner passes away? I imagine it may differ by resort, but what are the legal ramifications if the deceased does not bequeath the timeshare? Does it get passed to the next of kin or get returned to the resort? Who gets stuck with the maint. fee?
One thing to clarify is that it does not automatically go to the next of kin nor does it automatically go to the resort. The owner's estate and executor have some questions to face. The best thing for the executor of the will to do would be to inform the resort of the owner's death and that the owner's surviving relatives do not want it. Therefore, it would be best for the resort to take the unit back.
Lance C.
I use to have two timeshares. My husband passed away in 2007 in about 2012 I wrote both companies and explained he had died and I could not afford to pay maintenance fees any longer and that I might have to file for bankruptcy. One gladly took it back and I stopped those maintenance fees. The other one told me to try and sell it or give it away. I only had 5 yrs left on the contract til 2017 as it was a 30 yrs ownership. Try contacting the company with your circumstance.
Kathy L.