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Beneficiaries Do Not Want Wyndham Timeshare (FL). What do I do?

cruiser40

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Hi,
This is referring to a club wyndham bay club timeshare (in Florida) that my parents bought. It is a "converted fixed week" with a point value. Club wyndham select is listed as contract type.
The loan was paid of years ago.
Both of them, who were on the deed ,passed away about 6 years ago.
My parents were not residents of Florida. Nor am I
When I called wyndham about this years ago, they said that I would have to hire people in florida to take care of this. They took some documents and placed me as the "Executor" of this. I am still listed as that. No deed trasfer ever occurred. I have been putting this off, because I did not want to deal with it.
I kept paying the maintenance fees out of my personal money. I no longer am willing to do this.
The two beneficiaries listed in the documents are myself and my brother.
Neither of us want this time share.

I would like to simply have this returned to the company with as little hassle as possible.
What do Tuggers recommend?
Is there an easy way for me to simply give it to them? If so, what do I file?
What should I inquire about with wyndham when I call them. I am always a bit suspicious when I talk to a company about timeshares that I am gettting the correct (or all of) the information. I'd like to know what my options are when I call them.
Thanks!
 

cruiser40

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Hi, thanks. I guess I was confused because when I called several years ago wyndham said (at least I recall), that I would have to get a Florida lawyer and so several other things (that were costly). Is that not the case? I thought I put the specs of the timeshare in the OP. I have actully never gone to the place on the deed.
 

cruiser40

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I have been paying them monthly. I think it is about 93 a month (but that includes a 8$ month charge, I think). Honestly, I'm not 100% sure but that is in the ballpark. For whatever reason I can't find it on my wyndham dashboard.
 

cruiser40

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I used it a few times, but not at the home resort. I used the points at other place.
 

Patri

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Weird. You have been using it and your name is not on the deed?
 

cruiser40

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they changed the account to be an executor (probably so they would continue to get paid). you got me. All this is pretty confusing.
 

dioxide45

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You kinda created a mess for yourself by not taking care of this six years ago. Wyndham was likely referring to opening probate in Florida to transfer the deed to the heir. That will still probably be needed today in order to transfer the deed since the owners are deceased.

Is/was the timeshare in a trust or just owned by your parents?

You may be able to just stop paying, but it is possible that you could also be named in the foreclosure as you have been paying for and using the ownership.
 

cruiser40

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You kinda created a mess for yourself by not taking care of this six years ago. Wyndham was likely referring to opening probate in Florida to transfer the deed to the heir. That will still probably be needed today in order to transfer the deed since the owners are deceased.

Is/was the timeshare in a trust or just owned by your parents?
Yes, i agree about the time period. Neither of us wanted the timeshare so going through all that seemed to be not worth it. It think they mentioned that I might have to go to Florida to do this (at least that is what I thought)..
The timeshare was deeded in parents name, not in the name of a trust. They had a pourover will so technically it went into a trust, but it did not have a seperate trust for timeshares (which I have seen mentiioned on here somwhere).
That is why I was inquiring about the easiest way to just return it to them.
I'm at at catch 22 because it is not anything I ever wanted.
I paid the fees because of all the threatening stuff that I would get if I didn't (also a catch 22 when none of the heirs wanted it).
 
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dioxide45

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Sheraton Vistana Villages
Club Wyndham CWA
But it sounds like the timeshare wasn't properly conveyed to the trust with the pourover? The pourover doesn't avoid probate. You don't necessarily need to go to Florida to take care of it, but you need to involve a Florida attorney to take care of things.

I think you need to talk to an attorney about this. Probably one in Florida. Don't expect Wyndham to provide any legal advice on how to proceed.
 

cruiser40

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But it sounds like the timeshare wasn't properly conveyed to the trust with the pourover? The pourover doesn't avoid probate. You don't necessarily need to go to Florida to take care of it, but you need to involve a Florida attorney to take care of things.

I think you need to talk to an attorney about this. Probably one in Florida. Don't expect Wyndham to provide any legal advice on how to proceed.
Thanks,
This is helpful.
Is there some legitimate company in Florida that Tuggers use for this?
Also, if the beneficiairies don't want a time share, what is the purpose of going through all the expense and hassle to have something that likely I will never be able to get rid of? That is what I have now. I don't want to put it in my name.
is there a tug faq or megathread about when beneficiaries don't want the timeshar? If so, please let me know. This ia a huge repository of informaiton, btw. thanks.
 

TUGBrian

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yea it looks like that link has been cut off

here is the correct/full link

 

Fido Chuckwagon

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You’re not going to be able to Certified Exit, sell it, or give it away without opening an ancillary probate in Florida. That is going to be cost-prohibitive. You can almost certainly just walk, your name is not on the deed and the statute of limitations in Florida for claims against an estate is 2 years, which doesn’t matter because Wyndham doesn’t really have a claim anyway since you paid 6 years of extra maintenance fees…. Just let them foreclose and forget about it. It can’t touch your credit because, again, your name isn’t on the deed.
 
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