Deceased owners, families scrambling....

[SWD]

Hello,

My mother and her best friend purchased a timeshare at PB Sunset Beach in Cabo a few years ago. Tragically they were both killed just before the new year. Now the families are trying to sort out all of the paperwork. I have no idea how to get rid of the timeshare. I called PB directly and they want me to pay $500 cancel fee and send a cheque to some PO Box in San Diego. Doesnt sound too good to me. Please if anyone can help at all. I would greatly appreciate it as this is a very difficult time and this is starting to get very daunting. Thank you for your time.

SWD

 

[Passepartout]

I'm very sorry for your tragic loss, and all the turmoil it causes. These are very nice timeshares, but as you have found out, they have little financial value in today's market. Their value is in their use.

Do you or your Mom's friend's family have any desire to keep/use it? If so you can probably transfer the ownership into whoever's name wants it. (transfer fees would result) If no one wants it, as far as I know there is no obligation for anyone to inherit anything from anyone. Tell PB that the owners have passed on and that's that. It it deeded or a 'Right To Use?' If there's a deed offer to quit claim it back to them, if it's a RTU, I can't see that there is any obligation on your part.

Otoh, if there's still significant money owed on a note for it, $500 to cancel the contract might be easier than fighting a court battle. If you don't send the money, what are they going to do, ruin your mom's credit rating?

Hope this helps.

Jim Ricks

 

[SWD]

Hello Jim,

Thank you for your response. Let me try to answer your questions here:

We do not want to keep or use the timeshare.

I do not know if it is Deeded or a Right to Use, how would I find that out?

Money owed? They paid in full the interval use amount. As far as I know they have just paid maintenance fees. They just bought it in 2010. They have used it once.

That was my other question, if we don't do anything, who are they going to go after? I will be consulting my lawyer and see what the best thing to do here is.

Thanks Jim,
Sam

 

[Passepartout]

The vast majority of Mexican timeshares are RTU. This info would be in the contract that was signed at the time of purchase. It would say in legalese mumbo-jumbo about use for a certain number of years (if RTU) or in perpetuity if deeded- then of course there would be a physical deed.

If you or the other family has no desire for this, I'd just mail them a letter saying the owners have passed and that they can expect no further correspondence from the deceased's family. Mark any mail from them 'Return to sender- addressee deceased'. They will eventually catch on.

Too bad you don't want to use it. Those are REALLY nice places and they have associated resorts elsewhere in Mexico. Your Mom paid a high price for it and for a relative pittance you can transfer the ownership to you and/or the other family. The annual MF gives you RTU to all of the resorts. Otoh, if you don't want the financial encumbrance or it gives you painful memories, putting it behind you is completely understandable.

All the best,

Jim

 

[klpca]

I am so sorry to hear of your loss. What a tough way to start the year.

I own at Pueblo Bonito Sunset Beach and I was just there in January. I agree that it is a beautiful property, but I understand that it may not be feasible for anyone in the family to make use of it.

PBSB is a right to use (RTU) property, meaning that you don't actually own the underlying property, just a right to use it annually or semi-annually for a fixed period of time. I know of some people who paid for an extended use period (like 100 years) but most are for a 30 year usage period.

The $500 sounds like it is the transfer fee, and there is a local management company based in San Diego that handles financial matters, so that makes sense. Others may chime in on whether you actually have to pay the $500 or not, since the "transfer" is due to a death.

I'm so sorry that you are having to deal with this on top of everything else that you are going through.

 

[SWD]

Thank you for your responses.

Yes, it is an amazing property. My husband and I were able to vacation there in 2010 and still talk about it. At this time, it is not feasable for us to keep paying for it and not using it. I think I want to keep the memory of being there with my mom just that.

I have found receipts for the 2012 fees paid so we are in no rush and will see what comes.

Thanks again,

SWD

 

[Passepartout]

If the MF is paid, book a week and use it! You'll deserve the vacation after the loss of your mom, and I'm going to guess that she bought it with the feeling that you'd use it after she no longer could. Many of us have bought timeshares at least partly as an act of love to pass on to our kids.

Jim

 

[Liz Wolf-Spada]

You could always deposit it and do an exchange and go somewhere relaxing. I am so sorry about your mom and her friend and sorry for not only your loss, but this additional hassle.
Liz