my father passed away in Nov 2023, he had no will, no information about anything. He never told us about the maintenance fees or how much everything was. Now we need to pay the maintenance fee for 2025, no clue how we are going to pay. my mom's retired has no extra $ and I barely make enough. it's $1,175.20 for 2025 its a biennial odd foe the usage and it's in Vacation Village at Bonaventure. we want to get rid of this we don't have to pay. any tips/help would be greatly appreciated.
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father passed away now no clue what to do
- Thread starter PanfilS
- Start date
LannyPC
TUG Member
First of all, my thoughts and condolences to you and your family on your father's unfortunate passing.
Since it's been over a year since he passed away and you said he had no will, what does your mom own? Are you trying to settle his estate or are you looking out for your mom just in case she passes away unexpectedly? Who legally owns this or, IOW, whose name(s) is/are on the deed as the legal owner(s)? Are you in the process of trying to settle his estate?
If it's not too messy, one suggestion would be to just stop making payments and let it go into default and foreclosure.
Whatever you do, do not go hiring any company, charity, or law firm that claims it can "exit" you from or "cancel" the TS. And don't let any company scare you into believing that you, as an heir, are forced to take on ownership and thus, responsible for MFs.
Since it's been over a year since he passed away and you said he had no will, what does your mom own? Are you trying to settle his estate or are you looking out for your mom just in case she passes away unexpectedly? Who legally owns this or, IOW, whose name(s) is/are on the deed as the legal owner(s)? Are you in the process of trying to settle his estate?
If it's not too messy, one suggestion would be to just stop making payments and let it go into default and foreclosure.
Whatever you do, do not go hiring any company, charity, or law firm that claims it can "exit" you from or "cancel" the TS. And don't let any company scare you into believing that you, as an heir, are forced to take on ownership and thus, responsible for MFs.
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my mom and I are co owners on the timeshare. we officially purchased it now it's just maintenance fees that are due every other year. For foreclosure wouldn't the credit of all(my mom and i) be affected by this?
Yes we are still working out his estate with this. we are in Wisconsin and timeshare is in Florida.
LannyPC
TUG Member
Okay, so now that you and your mom are legal owners and those are the only names on the deed, you don't have to worry about your dad.
AS for foreclosure, there's a sticky thread on these boards about what has happened to owners who have defaulted and let their TSs go into foreclosure. For the most part, there has been nothing dire happen to them including credit score damage. But before you go that route, one suggestion is to contact the resort's Homeowners' Association and explain your situation including your father's unfortunate passing. Let them know that you do not plan to use it anymore and are not going to pay any more money in MFs. Then present an ultimatum: take the TS back amicably or let it go into foreclosure. Most sensible HOAs will take the TS back rather than go through the hassle and expense of foreclosure.
https://tugbbs.com/forums/threads/2022-timeshare-default-credit-report-collection-tracking.304138/
AS for foreclosure, there's a sticky thread on these boards about what has happened to owners who have defaulted and let their TSs go into foreclosure. For the most part, there has been nothing dire happen to them including credit score damage. But before you go that route, one suggestion is to contact the resort's Homeowners' Association and explain your situation including your father's unfortunate passing. Let them know that you do not plan to use it anymore and are not going to pay any more money in MFs. Then present an ultimatum: take the TS back amicably or let it go into foreclosure. Most sensible HOAs will take the TS back rather than go through the hassle and expense of foreclosure.
https://tugbbs.com/forums/threads/2022-timeshare-default-credit-report-collection-tracking.304138/
boyblue
TUG Member
My condolences as well, I'm thinking if what has been suggested doesn't get them off your case, and you decied you want to pay the fee you can call and set up a payment plan. Once paid up you should be able to remove your name from the deed. Also once paid up, you should be able to sell it here for $1 inclusive of the 2025 use.
My condolences as well, suggestion only, I would seek legal advice from a local attorney to settle your father estate. IMHO
we have an attorney in Wisconsin unfortunately they don't know Florida law well so I might need to find a lawyer in Florida
Your attorney in Wisconsin should be able to refer you to an attorney in Florida. IMHO
If you and your mom are currently the legal owners of the timeshare, you do not need a lawyer in FL. It is difficult to understand exactly what you are seeking; was there only one timeshare in FL? If so, how was the title to that timeshare held? Was it referred to as "joint tenant" - what did the deed say? If you are saying that now you and your mom own the timeshare, and that is the same timeshare you reference your dad owning, then it seems as though the ownership was joint tenants (perhaps all 3 names on the deed?), and when your dad passed, whatever his ownership was would pass to his joint tenants. If that is what you are referring to, then you do not need any lawyer in FL. Your dad's ownership was automatically transferred to the remaining joint tenants. You only need to update the timeshare company to let them know that your dad passed and the remaining joint tenants are now the legal owners. You will need to provide a copy of the death certificate and pay any internal fee the timeshare may charge to update the internal records.
Now, if you are referring to your dad owning a timeshare on his own, in his own name, and he died owning that timeshare, then you can google ancillary probate in FL and find a lawyer who will handle that legal process to probate that portion of your dad's estate as it relates to FL real property. But that is ONLY for real property your dad owned individually or as a tenant in comment and not as a joint tenant with anyone else.
we want to get rid of the timeshare and not own it anymore. both mom and I are part owners on the deed. we want to find a way to sell it/give it away and be done.
Then your issue is not related to getting an attorney in FL to handle any probate and it doesn't relate to probate in Wisconsin.
Assuming that you and your mom are the only owners of the timeshare in Florida, because I'm not personally familiar with the specific timeshare brand you own, Vacation Village, I do not know whether there is any developer deed back process, or whether that brand has any resale value.
I'm not following as to why you think you need a lawyer in FL. If you want to sell the ownership, and there is any resale market, then you place an ad or hire a broker. If there is no resale value, then you reach out to the developer to see if there is a deed back process. If you are the legal owner of the timeshare property, and you do not pay the maintenance fees, then there is a risk that your credit may be impacted if the developer proceeds to collection against you as the owner.
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Do you have a loan on the timeshare? If so you cannot give it away or sell it.
If it is fully paid up and after you contact the developer, they won't deed back or want to charge you, you can give it away here on TUG for free.
(Sigh...This is why you never want to add family members -especially children - to a deed.)
If it is fully paid up and after you contact the developer, they won't deed back or want to charge you, you can give it away here on TUG for free.
(Sigh...This is why you never want to add family members -especially children - to a deed.)
geist1223
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I do not understand how or why you and your Mom ended up as co-owners. But at this time it really does not matter. Assuming there is no loan. Just stop paying the Maintenance Fees. Ignore all letters/telephone/etc demanding payment. It is very rare for some one's Credit Report to take a hit for non-payment of Maintenance Feea.
yes we paid the loan off now just mfs
Would that you had appeared here when Dad passed, we'd have told you that no one HAS to take a negatively valued timeshare (or any) bequest. But that's that. If you simply stop paying, they will generate some uncomfortable letters, but a poll we took had zero people whose only default was on maintenance fees, got a negative credit report prior to their name being removed by foreclosure.
Same deal still applies, but will just take longer.
Options for owners to Exit or Get rid of a Vacation Village Timeshare
Latest TUG advice article to help Vacation Village owners understand their options and to avoid being scammed by exit/cancellation/resale companies! https://tug2.net/timeshare_advice/get-out-of-vacation-village-timeshare-ownership.html admin edit: Known email address to reach out to vacation...
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costs nothing for you to reach out to them and explain your situation to see what they say.
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Bottom line, just stop paying. Let the resort know they can have it back, your money bags are empty.
We don’t know your ages, but Mom may be old enough, her credit score no longer matters. And for you, almost no chance anything bad will happen.
Good luck!
We don’t know your ages, but Mom may be old enough, her credit score no longer matters. And for you, almost no chance anything bad will happen.
Good luck!
vacation911
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My condolences.... Definitely first reach out to Vacation Village like Tug Brian said.... Thats free and you may be able to get a clean exit. If that doesn't work, then yah stop paying. Just don't fall for any of the upfront fee listing, canceling, or marketing timeshare stuff. They can't do anything you can't do yourself and that's stop paying. Try to do a clean exit and if they won't just don't pay it. Thats the best advice I think given the situation.
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Options for owners to Exit or Get rid of a Vacation Village Timeshare
Latest TUG advice article to help Vacation Village owners understand their options and to avoid being scammed by exit/cancellation/resale companies! https://tug2.net/timeshare_advice/get-out-of-vacation-village-timeshare-ownership.html admin edit: Known email address to reach out to vacation...
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