Difficulty leaving Diamond - original owner has passed away in 2019

[99pennywiseballons]

Long story here, folks, but I want to get the details right so we can figure out what to do next.

My dad bought a timeshare ages ago (think 2002 or so), I think it was through Mystic Dunes in Florida, and eventually it turned into Diamond. Probably around 2015 or so he bought an upgrade in Diamond and changed whatever the package was to the Vegas/Hawaii collection. Nothing is owed from a loan perspective, it's been paid off for a long time (both times I think it was paid off immediately, probably within the first month of whatever "loan" it had).

At that time they said they were adding my mother and myself as owners, but they didn't. We're just authorized users, I've never had access online to anything and was told I wasn't an owner the one time I stayed at a property without my family there (we usually used it for family vacations).

Fast forward to August 2019 and he passes away. Ironically, two days before we were all booked to stay at a property in Ireland together. And no, we didn't get the points back because he died and we couldn't make it. Because of course not.

Because we had been told mom and I were being put on the paperwork, we didn't do anything. She kept getting maintenance fee letters from them in his name, but a lot of things kept coming in his name even though she called and tried to have it switched. She didn't think anything of it and kept on doing her thing. I think in that time period she used it maybe 3 times with my sister total, from 2019 to 2022.

We got our maintenance fees in January this year, very late because they usually come much earlier. One was already overdue when it came in. And they fees had doubled. We used to pay about 3000ish USD and now 5500ish USD. (note the USD is because she's American and I'm Canadian). The family had been talking about exiting it anyway due to the cost, our last visit to a property was pretty meh and this was the nudge we needed to get out.

I contacted transitions. First phone call the lady told me no problem, pay the part that's outstanding and she'd get me set up to start the process. Since I called before the others were due, I'm up to date and we don't have to pay those. She said we'd have to pay $1000 exit fee, have to send in a death certificate and we'd get paperwork in about 3 months for my mom to sign, notarize and cancel, and I'd probably have to do the same. At this point we had maybe 2 weeks until the rest of the fees hit.

My mom got a strange email during there, I forget what it was but it prompted me to call again a few days before the next fees were due.

I was then told they couldn't tell me anything, I wasn't authorized to know or do anything on the account, they'd only talk to my dad. I told them he was dead and they kept saying they can only talk to the account owner. I was also told I never called originally at all. Which was a lie since I had an email from them following our conversation around Jan 4 with instructions on who to contact with the death certificate.

I called back a few times, finally got someone who was willing to listen that yes, the account owner was dead, yes we sent in the death certificate. The women then told me she wasn't sure if it would go through the transitions program, where it costs $1000, or just through estate surrender since the only owner died. She said to leave it with her and someone would contact. But also suggested we send in the power of attorney (which is strange, that doesn't work after someone dies, only executor does) and executor paperwork, too.

We sent that in. My mom has continued to receive what are, to her, threatening emails about being past due. The emails now say to the estate of his name, not his name anymore.

I emailed them asking what was going on after the last phone call, too, since I've been getting so many different stories from the same phone number.

They finally responded on March 18 (from Jan 12 or so) and said we had to pay the fees and only the original owner could cancel.

She called, since she is the executor and I'm pretty sure at this point they won't talk to me since she is the executor and widow. She's 80, so this is difficult for her. The last time she called, they made her cry, told her she has no recourse and has to pay the whole thing.

I'm furious. Between the late statement of fees, the increase that prompted the decision to leave, the conflicting stories over multiple phone calls (with hold time I easily spent 15 hours on the phone with them in january over several days), their treatment of my mom and the difficulty in getting anyone who can give us clear and correct steps early on, I don't know what to do next. I do know we don't have 5k, we did try to cancel when we were current and they've been using the death of my father as a blocker.

So how bad is it to just walk away? Does it hit her credit as the executor and heir? Does it just stay in limbo as an estate issue? Does she have to worry about legal action from them? This is a scared 80 year old and I live in another country, so any advice anyone has I will really appreciate. I don't want her to stress about this. And no, she isn't planning any major purchases any time soon, she has all the credit cards she needs, she purchased a car a few years ago and I can't see her getting another one, she isn't buying a home at all ever again (she owns hers).

Thank you!!

 

[SmithOp]

I would cease all communication and payments to them. People here report very little hit to credit score, if any, for not paying maintenance fees. Since the loans are paid they have no recourse but to eventually write it off and send you a deed back.

you tried, they failed.

 

[geist1223]

I 2nd what Dave said. Because the Account is solely in the deceased name do not send any more money, do not accept telephone calls, do not respond to any emails. Return any mailings marked "Return to Sender Addressee Deceased."

If the Estate is or was in Probate have the heirs file a letter in the Probate File disclaiming the inheritance of the timeshare.

 

[Kozman]

I 2nd what Dave said. Because the Account is solely in the deceased name do not send any more money, do not accept telephone calls, do not respond to any emails. Return any mailings marked "Return to Sender Addressee Deceased."

If the Estate is or was in Probate have the heirs file a letter in the Probate File disclaiming the inheritance of the timeshare.

I third that recommendation.

 

[99pennywiseballons]

The estate definitely is not in probate, it was pretty simple and settled since everything went to my mom. I don't suppose that makes a difference or makes it worse?

I 2nd what Dave said. Because the Account is solely in the deceased name do not send any more money, do not accept telephone calls, do not respond to any emails. Return any mailings marked "Return to Sender Addressee Deceased."

If the Estate is or was in Probate have the heirs file a letter in the Probate File disclaiming the inheritance of the timeshare

 

[Eggrollcreative]

Send them a death certificate and tell them it’s over. “Drop off the key Lee, and set yourself free.”

 

[moonstone]

Send them a death certificate and tell them it’s over. “Drop off the key Lee, and set yourself free.”

That's what the widower we know did. Timeshare was solely in hubby's name (purchased before they married) and he had a simple Will so his estate was settled quickly. The lawyer put the usual notice to creditors in their small town newspaper with no responses. A year or more later Diamond began hounding her for past maintenance fees (he had been I'll for a while before passing so fees were not paid or timeshare used). The lawyer sent a copy of the death certificate and letter saying he had posted the notice to creditors and the estate had been settled the year before. So basically Diamond was SOL. She never heard from them again.

-Diane

 

[Eggrollcreative]

Oh excellent point to post the notice to creditors in the paper and save a copy with the date on it.

 

[moonstone]

Oh excellent point to post the notice to creditors in the paper and save a copy with the date on it.

Ya, I guess Diamond doesn't read the Barrie Advance newspaper. Lol

-Diane

 

[elaine]

My relatives had a TS that wasn’t joint in Florida. TS was left off probate. I talked to TS deed atty-the only way was for TS to do foreclosure (not a nonjudicial) bc he was deceased. If the TS deed is based in FL, they do it and typically only take deed back. It took 18 months once process started.
They cannot do a deed take back-he is deceased and cannot sign the deed. I do not know if a points/trust membership would have different rules. But if there still an underlying deed, then no. With that, I’d also advise pay nothing and let the foreclosure process run its course. The estate atty said the only way to deed back/sell/give away was to reopen the then closed probate. As no one had authority to sign deed otherwise. We got notice from Court 5 years ago that case was closed and TS went back to developer.

 

[HitchHiker71]

I agree with everyone else here - just let it go and don't worry about it - set the emails to spam so they no longer appear in her email Inbox to avoid upsetting her. If you want to attempt to do something about it legally - file a complaint with the BBB and then contact your mom's state AGs office about your issue and see if this may qualify as an elder abuse issue given your mom is 80 years old and she is emotionally distraught over this issue by the offending timeshare entity. Might be worth a shot as the only thing these companies "hear" is legal threats to cease and desist when it comes to elder abuse or other consumer fraud type accusations coming from an official legal entity - then they stand up and pay attention.

 

[CloeS.]

Long story here, folks, but I want to get the details right so we can figure out what to do next.

My dad bought a timeshare ages ago (think 2002 or so), I think it was through Mystic Dunes in Florida, and eventually it turned into Diamond. Probably around 2015 or so he bought an upgrade in Diamond and changed whatever the package was to the Vegas/Hawaii collection. Nothing is owed from a loan perspective, it's been paid off for a long time (both times I think it was paid off immediately, probably within the first month of whatever "loan" it had).

At that time they said they were adding my mother and myself as owners, but they didn't. We're just authorized users, I've never had access online to anything and was told I wasn't an owner the one time I stayed at a property without my family there (we usually used it for family vacations).

Fast forward to August 2019 and he passes away. Ironically, two days before we were all booked to stay at a property in Ireland together. And no, we didn't get the points back because he died and we couldn't make it. Because of course not.

Because we had been told mom and I were being put on the paperwork, we didn't do anything. She kept getting maintenance fee letters from them in his name, but a lot of things kept coming in his name even though she called and tried to have it switched. She didn't think anything of it and kept on doing her thing. I think in that time period she used it maybe 3 times with my sister total, from 2019 to 2022.

We got our maintenance fees in January this year, very late because they usually come much earlier. One was already overdue when it came in. And they fees had doubled. We used to pay about 3000ish USD and now 5500ish USD. (note the USD is because she's American and I'm Canadian). The family had been talking about exiting it anyway due to the cost, our last visit to a property was pretty meh and this was the nudge we needed to get out.

I contacted transitions. First phone call the lady told me no problem, pay the part that's outstanding and she'd get me set up to start the process. Since I called before the others were due, I'm up to date and we don't have to pay those. She said we'd have to pay $1000 exit fee, have to send in a death certificate and we'd get paperwork in about 3 months for my mom to sign, notarize and cancel, and I'd probably have to do the same. At this point we had maybe 2 weeks until the rest of the fees hit.

My mom got a strange email during there, I forget what it was but it prompted me to call again a few days before the next fees were due.

I was then told they couldn't tell me anything, I wasn't authorized to know or do anything on the account, they'd only talk to my dad. I told them he was dead and they kept saying they can only talk to the account owner. I was also told I never called originally at all. Which was a lie since I had an email from them following our conversation around Jan 4 with instructions on who to contact with the death certificate.

I called back a few times, finally got someone who was willing to listen that yes, the account owner was dead, yes we sent in the death certificate. The women then told me she wasn't sure if it would go through the transitions program, where it costs $1000, or just through estate surrender since the only owner died. She said to leave it with her and someone would contact. But also suggested we send in the power of attorney (which is strange, that doesn't work after someone dies, only executor does) and executor paperwork, too.

We sent that in. My mom has continued to receive what are, to her, threatening emails about being past due. The emails now say to the estate of his name, not his name anymore.

I emailed them asking what was going on after the last phone call, too, since I've been getting so many different stories from the same phone number.

They finally responded on March 18 (from Jan 12 or so) and said we had to pay the fees and only the original owner could cancel.

She called, since she is the executor and I'm pretty sure at this point they won't talk to me since she is the executor and widow. She's 80, so this is difficult for her. The last time she called, they made her cry, told her she has no recourse and has to pay the whole thing.

I'm furious. Between the late statement of fees, the increase that prompted the decision to leave, the conflicting stories over multiple phone calls (with hold time I easily spent 15 hours on the phone with them in january over several days), their treatment of my mom and the difficulty in getting anyone who can give us clear and correct steps early on, I don't know what to do next. I do know we don't have 5k, we did try to cancel when we were current and they've been using the death of my father as a blocker.

So how bad is it to just walk away? Does it hit her credit as the executor and heir? Does it just stay in limbo as an estate issue? Does she have to worry about legal action from them? This is a scared 80 year old and I live in another country, so any advice anyone has I will really appreciate. I don't want her to stress about this. And no, she isn't planning any major purchases any time soon, she has all the credit cards she needs, she purchased a car a few years ago and I can't see her getting another one, she isn't buying a home at all ever again (she owns hers).

Thank you!!

I would love to purchase this if you all are open to selling. Ill take care of the back pay and we can transfer to my name. If its a legit way to do it like throw a totle company im opened and will pay all transfer fees.

I'm young and want to travel more. Im okay with the maintenance fees. Im spending much more traveling .

 

[NachoDaddy]

I would love to purchase this if you all are open to selling. Ill take care of the back pay and we can transfer to my name. If its a legit way to do it like throw a totle company im opened and will pay all transfer fees.

I'm young and want to travel more. Im okay with the maintenance fees. Im spending much more traveling .

You are not smart if you want to pay for a points portfolio. There are so many free timeshares available on this site alone.

Or just a scammer. Not sure which is worse.

 

[RX8]

I would love to purchase this if you all are open to selling. Ill take care of the back pay and we can transfer to my name. If its a legit way to do it like throw a totle company im opened and will pay all transfer fees.

I'm young and want to travel more. Im okay with the maintenance fees. Im spending much more traveling .

Unknown amount of past due fees, unknown transfer fees, unknown amount of points included, unknown exact maintenance fees (other than a high amount of $5500 ish) and yet you are willing to buy with all these unknowns. Certainly sounds like you are preparing to scam someone. Not sure exactly what you mean when you say “If its a legit way to do it like throw a totle company im opened” but that is possibly your scam right there.

 

[NachoDaddy]

Unknown amount of past due fees, unknown transfer fees, unknown amount of points included, unknown exact maintenance fees (other than a high amount of $5500 ish) and yet you are willing to buy with all these unknowns. Certainly sounds like you are preparing to scam someone. Not sure exactly what you mean when you say “If its a legit way to do it like throw a totle company im opened” but that is possibly your scam right there.

Not to mention, as a dirty point owner (resale) the person would get none of the benefits.

 

[CloeS.]

Unknown amount of past due fees, unknown transfer fees, unknown amount of points included, unknown exact maintenance fees (other than a high amount of $5500 ish) and yet you are willing to buy with all these unknowns. Certainly sounds like you are preparing to scam someone. Not sure exactly what you mean when you say “If its a legit way to do it like throw a totle company im opened” but that is possibly your scam right there.

It's okay to have your thoughts. These days everyone is labeled a scammer so I'm not bothered. I have interest and want to know more about the account. But it starts with a conversation. Obviously I wont move forward without asking questions. All I did was make an inquiry.

Also, I never knew scammers to want to pay for something though. Usually they take but okay continue.

 

[CloeS.]

You are not smart if you want to pay for a points portfolio. There are so many free timeshares available on this site alone.

Or just a scammer. Not sure which is worse.

For starters, its not about being "smart" or not..maybe im ignorant to it. From what I've read there are perks to having points. If im wrong feel free to tell me why if youre like. Im in my researching stages and i want a resale account to save money as I don't want to purchase directly from the timeshare company.

Also because yall keep throwing this scammer word based on my inquiry please enlighten me on how someone trying to purchase, can scam. Again, maybe it's my ignorance. Wouldn't a person selling be more likely to scam? I have way more to lose on my end. Or maybe it's going over my head.

Im trying not fo take it personal because its the internet and you don't know me but its pretty annoying abd offensive that ppl label a negative term first without getting answers.

Im just looking for someone who no longer wants their timeshare. I'm a person who wants one so i want to know what is a beneficial agreement. I never gave my card details, i simply asked. I cant know something unless i asked

 

[CloeS.]

Unknown amount of past due fees, unknown transfer fees, unknown amount of points included, unknown exact maintenance fees (other than a high amount of $5500 ish) and yet you are willing to buy with all these unknowns. Certainly sounds like you are preparing to scam someone. Not sure exactly what you mean when you say “If its a legit way to do it like throw a totle company im opened” but that is possibly your scam right there.

I asked about the title company because i thought thats a safe way to do the transfer. Ive been trying to work with brokers to find a timeshare and they mentioned if you transfer on your own, do it with a title company. Obviously if i dont know someone and they don't know me, i would want a third person involved to ensure nothing goes wrong. I read an escrow account and title company. If I'm wrong, I will stand corrected, I may not know the proper way to transfer then. But if im the only one handing over money, how again is this a scam? Call me ignorant to the process, I'll take that.

 

[CloeS.]

You are not smart if you want to pay for a points portfolio. There are so many free timeshares available on this site alone.

Or just a scammer. Not sure which is worse.

I am new to the site and have not seen any free timeshares. Obviously I'll take a free one over paying. But i wouldn't think someone would hand over a timeshare for free if it's up to date. Especially if they paid alot of money for it.

 

[RX8]

I am new to the site and have not seen any free timeshares. Obviously I'll take a free one over paying. But i wouldn't think someone would hand over a timeshare for free if it's up to date. Especially if they paid alot of money for it.

If you are sincere then I would recommend slowing WAY down. If you were willing to buy that Diamond Resort not knowing anything about it then it just shows that you don’t have a clue about timeshares. I don’t say that trying to insult you but rather trying to save you from a mistake. There are many timeshares that are free but that doesn’t make them a deal. Timeshares may be difficult to even give away for free and the maintenance fees keep increasing. Buying something you don’t know much about is a sure way to be massively disappointed and could be a mistake that the only way to get out of is by giving the new buyer cash incentives just to accept the free timeshare or by defaulting and being foreclosed on.

My opinion - You should not buy a timeshare at this point. Take a few months to learn about them and to study the many systems. Understand the obligations that go along with owning a timeshare. Rent from owners to get a flavor of both the resort and paying hundreds or thousands of dollars for a week’s vacation. Only after all that should you even consider taking on a timeshare.

There is a dedicated forum on TUG just for timeshare giveaways.

Free Timeshares

Timeshare ownerships offered completely free by owners! Rehome an unwanted timeshare at no cost! Timeshares listed here must be offered completely free!

tugbbs.com

If you decide to jump on the first one you see that is up to you but it will be a mistake until you know what you are getting into.

 

[dayooper]

It's okay to have your thoughts. These days everyone is labeled a scammer so I'm not bothered. I have interest and want to know more about the account. But it starts with a conversation. Obviously I wont move forward without asking questions. All I did was make an inquiry.

Also, I never knew scammers to want to pay for something though. Usually they take but okay continue.

Many scammers will agree to purchase something and then keep asking for funds from the seller (taxes, fees, and such). This is especially true with deeds/contracts that don't have any value in the resale marketplace (like DRI contracts). They will keep asking until the person selling stops sending them money. Happens all the time.

For starters, its not about being "smart" or not..maybe im ignorant to it. From what I've read there are perks to having points. If im wrong feel free to tell me why if youre like. Im in my researching stages and i want a resale account to save money as I don't want to purchase directly from the timeshare company.

Also because yall keep throwing this scammer word based on my inquiry please enlighten me on how someone trying to purchase, can scam. Again, maybe it's my ignorance. Wouldn't a person selling be more likely to scam? I have way more to lose on my end. Or maybe it's going over my head.

Im trying not fo take it personal because its the internet and you don't know me but its pretty annoying abd offensive that ppl label a negative term first without getting answers.

Im just looking for someone who no longer wants their timeshare. I'm a person who wants one so i want to know what is a beneficial agreement. I never gave my card details, i simply asked. I cant know something unless i asked

I'm going to be honest with you, either you are a scammer or you are not ready to take on a deed/timeshare. There are many timeshares that I would not take on even if I were paid to (that happens here on Tug in the Bargain Bin). Owners of deeds/contracts in many systems have to provide funds as incentive for someone to take on their timeshare (Visa gift cards, pay for closing, nest years MF's, etc). If you are truly looking to take on a timeshare, my advice to you is to research before you take one on. There's a forum for newbies with a questionnaire that you can post and members will help you find the right system to belong to. Quite frankly, the reply you give above sends me more scammer vibes than the original post, but I won't judge you on that alone. If you are saying you want a beneficial agreement but are looking to purchase something without knowing what you are truly getting yourself into, you are not ready for timeshare ownership, in my opinion.

I am new to the site and have not seen any free timeshares. Obviously I'll take a free one over paying. But i wouldn't think someone would hand over a timeshare for free if it's up to date. Especially if they paid alot of money for it.

Just because something is free doesn't mean it's a good deal. It's free for a reason. The cost of getting rid of something unwanted, many times with resale restrictions that make it hard to use and even harder to divest yourself of make it a poor deal. Again, many timeshares are very difficult to even give away. If you are truly looking to take on a deed/contract, I would highly suggest you do much more research.

 

[CloeS.]

Many scammers will agree to purchase something and then keep asking for funds from the seller (taxes, fees, and such). This is especially true with deeds/contracts that don't have any value in the resale marketplace (like DRI contracts). They will keep asking until the person selling stops sending them money. Happens all the time.


I'm going to be honest with you, either you are a scammer or you are not ready to take on a deed/timeshare. There are many timeshares that I would not take on even if I were paid to (that happens here on Tug in the Bargain Bin). Owners of deeds/contracts in many systems have to provide funds as incentive for someone to take on their timeshare (Visa gift cards, pay for closing, nest years MF's, etc). If you are truly looking to take on a timeshare, my advice to you is to research before you take one on. There's a forum for newbies with a questionnaire that you can post and members will help you find the right system to belong to. Quite frankly, the reply you give above sends me more scammer vibes than the original post, but I won't judge you on that alone. If you are saying you want a beneficial agreement but are looking to purchase something without knowing what you are truly getting yourself into, you are not ready for timeshare ownership, in my opinion.

Just because something is free doesn't mean it's a good deal. It's free for a reason. The cost of getting rid of something unwanted, many times with resale restrictions that make it hard to use and even harder to divest yourself of make it a poor deal. Again, many timeshares are very difficult to even give away. If you are truly looking to take on a deed/contract, I would highly suggest you do much more research.

I was highly frustrated yesterday but did not come on here to be distuptive. I luckily found someone who is assisting and breaking down everything so I understand the cons.

So an easy response to you is okay and thanks. Everyone can carry on with helping the original poster.

 

[CloeS.]

If you are sincere then I would recommend slowing WAY down. If you were willing to buy that Diamond Resort not knowing anything about it then it just shows that you don’t have a clue about timeshares. I don’t say that trying to insult you but rather trying to save you from a mistake. There are many timeshares that are free but that doesn’t make them a deal. Timeshares may be difficult to even give away for free and the maintenance fees keep increasing. Buying something you don’t know much about is a sure way to be massively disappointed and could be a mistake that the only way to get out of is by giving the new buyer cash incentives just to accept the free timeshare or by defaulting and being foreclosed on.

My opinion - You should not buy a timeshare at this point. Take a few months to learn about them and to study the many systems. Understand the obligations that go along with owning a timeshare. Rent from owners to get a flavor of both the resort and paying hundreds or thousands of dollars for a week’s vacation. Only after all that should you even consider taking on a timeshare.

There is a dedicated forum on TUG just for timeshare giveaways.

Free Timeshares

Timeshare ownerships offered completely free by owners! Rehome an unwanted timeshare at no cost! Timeshares listed here must be offered completely free!

tugbbs.com

If you decide to jump on the first one you see that is up to you but it will be a mistake until you know what you are getting into.

Thank you sir, someone else referred me to the forums as well. Ill read more. I know of someone who purchased and didnt have any issues therefore i didnt think it was a big deal. But ill take your advice. And i did plan to ask additional questions i was just inquiring first. But i understand everything you pointed out

Thank you again.

 

[Talent312]

Getting back to the original purpose of the thread...

If the estate was not probated, no executor was appointed.
Under state law, heirs are presumed to have some interest.
(which could be disclaimed, if it becomes necessary).

But only the deceased original owners' estate is liable for $$.
They could be named in a foreclosure, but not sued for $$.

So, I agree: Stop messing with them and go to silent mode.
Mark e-mails as spam and block phone #'s.
If contact is made, tell 'em to pound sand.
.

 

[NachoDaddy]

For starters, its not about being "smart" or not..maybe im ignorant to it. From what I've read there are perks to having points. If im wrong feel free to tell me why if youre like. Im in my researching stages and i want a resale account to save money as I don't want to purchase directly from the timeshare company.

Also because yall keep throwing this scammer word based on my inquiry please enlighten me on how someone trying to purchase, can scam. Again, maybe it's my ignorance. Wouldn't a person selling be more likely to scam? I have way more to lose on my end. Or maybe it's going over my head.

Im trying not fo take it personal because its the internet and you don't know me but its pretty annoying abd offensive that ppl label a negative term first without getting answers.

Im just looking for someone who no longer wants their timeshare. I'm a person who wants one so i want to know what is a beneficial agreement. I never gave my card details, i simply asked. I cant know something unless i asked

Yes, some point packages come with benefits. Diamond's do not for resale contracts so the benefits would not matter. But ALL benefits, no matter which company they come from, are subject to change or disappearing altogether so one should NEVER by a timeshare for the benefits. One should only buy a timeshare to go on vacation for themselves.

Smart/Ignorance, same the to me. You can use either word but since you prefer it, your ignorance about timesharing in general is easily visible. Read everything you can on this site to learn as much as you can and THEN start thinking about the free timeshares that are available here.