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How to file a disclaimer of interest document for an inherited timeshare in orlando, florida

heehee63

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My mom who past away recently owned a timeshare in orlando, Florida that was 100% paid off. No one wants to inherit it. I tried to contact a lawyer but the only one that even had the slightest interest in taking my case told me the effort to disclaim through them costs even more than just paying off Westgate lakes so recommended just paying them off.

If I want to file the disclaimer of interest myself, does anyone know the address of where I need to send the disclaimer to and is there a sample disclaimer form somewhere?

Is there a deadline for filing the disclaimer? It'll be 8 months since my mom died come August 8 so I'm concerned I am already too late.

Thanks.
 

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Patri

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My mom who past away recently owned a timeshare in orlando, Florida that was 100% paid off. No one wants to inherit it. I tried to contact a lawyer but the only one that even had the slightest interest in taking my case told me the effort to disclaim through them costs even more than just paying off Westgate lakes so recommended just paying them off.

If I want to file the disclaimer of interest myself, does anyone know the address of where I need to send the disclaimer to and is there a sample disclaimer form somewhere?

Is there a deadline for filing the disclaimer? It'll be 8 months since my mom died come August 8 so I'm concerned I am already too late.

Thanks.
When the maintenance bill arrives, send a copy of the death certificate and say no one is taking it over. The resort can take it back and no further monies will be coming their way. I’ve never heard of someone doing it your way.
You can even notify them now. No one is obligated to take it over.
 

dioxide45

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When the maintenance bill arrives, send a copy of the death certificate and say no one is taking it over. The resort can take it back and no further monies will be coming their way. I’ve never heard of someone doing it your way.
You can even notify them now. No one is obligated to take it over.
But the executor is obligated to dispose of the asset. There is a formal process to go through to disclaim the asset. This was actually called out in the John Oliver video on timeshare.
 

TUGBrian

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this is frustrating because the "correct and legal process" at this point requires probate since the owner is currently deceased...and that will more than likely be cumbersome and expensive to you. what did westgate say when you contacted them to inform them of the passing of your mother? (note that you personally are not obligated to this debt even if you dont file anything....your next steps really only matter in regards to the level of effort you want to put in to following the rules to get the deed transferred back to Westgate as the executor of your mothers estate)

so option a is to cross all the t's and dot the is (this would be the course of action if you are already dealing with probate for other assets in the estate)

or option b is to do nothing and await westgate to eventually make an effort to recover the deed via other methods. (especially if the only thing left in the estate is the timeshare)


for me personally, id contact the westgate exit department and explain your situation and see what they say. they might be helpful, they might not...but whatever their answer might also help you decide which option you want to go with.
 

5finny

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To the OP
Are you the executor/administrator of the estate?
Has an estate even been opened?
If there is an estate are there any assets in the Estate? (and I would not include the timeshare)
 

heehee63

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But the executor is obligated to dispose of the asset. There is a formal process to go through to disclaim the asset. This was actually called out in the John Oliver video on timeshare

this is frustrating because the "correct and legal process" at this point requires probate since the owner is currently deceased...and that will more than likely be cumbersome and expensive to you. what did westgate say when you contacted them to inform them of the passing of your mother? (note that you personally are not obligated to this debt even if you dont file anything....your next steps really only matter in regards to the level of effort you want to put in to following the rules to get the deed transferred back to Westgate as the executor of your mothers estate)

so option a is to cross all the t's and dot the is (this would be the course of action if you are already dealing with probate for other assets in the estate)

or option b is to do nothing and await westgate to eventually make an effort to recover the deed via other methods. (especially if the only thing left in the estate is the timeshare)


for me personally, id contact the westgate exit department and explain your situation and see what they say. they might be helpful, they might not...but whatever their answer might also help you decide which option you want to go with.
So far, Westgate told me to send them the death certificate. I sent them the death certificate but then I get a letter back from them that they cannot do anything for me until I clear the title and gave me the number for their lawyer that clears foreclosures. I called that number and the lawyer said to call westgate back because no foreclosures happen until 2 years after a missed payment so they don't have my mom's account yet. So I called westgate back and this time they gave me the number of their collection agency which really doesn't help to transfer the title back to them. The collection agency said they do not have my mom as one of their accounts as they passed it back to westgate so I need to call westgate. That's where I am right now. Basically, they've been completely unhelpful making me call a ton of people that refer me back to them.

I'm tempted to just leave it at this point but I'm afraid they could try to get my mom's IRA money which she did have AFTER years so i would owe a ton of maintenance fees. But that money had inheritors listed on it so it didn't need to go through probate and directly went to the inheritors. Can they try to take some of that IRA money?

Besides that, she had a tiny amount in the bank but it was under joint accounts so the accounts became property of the joint owners after her death.
 

TUGBrian

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id consider the risk to your mothers IRA as trivial at best...especially if you are just talking about maintenance fees being owed and no loan balance or similar.

now you see just SOME of the hoops required to "do things right" and why so many people nowadays find it just easier to stop paying and await foreclosure.
 

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Did your mother live in FL?
 

5finny

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There is a difference of opinion among TUG members as to the obligations ( legal and/or ethical ) an heir has to deal with a decedents unwanted timeshare.
My opinion is that you have an obligation to the other owners to make a reasonable attempt to deal with the timeshare and to avoid unnecessary expense to the other timeshare owners
I think you have done so
If someone later reaches out to you with a proposed resolution by all means consider it but make sure in doing so that you don't expose yourself to, or assume, a liability you wouldn't otherwise have had

I expect some might think you should do more and others might think you have already done more than you needed to

As for me I would stand down and I would sleep soundly at night knowing I had made a good faith effort
 

Fido Chuckwagon

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There is a difference of opinion among TUG members as to the obligations ( legal and/or ethical ) an heir has to deal with a decedents unwanted timeshare.
My opinion is that you have an obligation to the other owners to make a reasonable attempt to deal with the timeshare and to avoid unnecessary expense to the other timeshare owners
I think you have done so
If someone later reaches out to you with a proposed resolution by all means consider it but make sure in doing so that you don't expose yourself to, or assume, a liability you wouldn't otherwise have had

I expect some might think you should do more and others might think you have already done more than you needed to

As for me I would stand down and I would sleep soundly at night knowing I had made a good faith effort
I agree. I am unaware of any authority anywhere that stands for the proposition that an executor has a fiduciary duty to open an ancillary probate in another state to dispose of a worthless timeshare that nobody wants after notifying the HOA and paying all legitimate estate debts. The facts might be slightly different if probate was already opened in FL (which is why I asked where the mother lived).

Op is likely going to get different advice from others.
 

heehee63

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To the OP
Are you the executor/administrator of the estate?
Has an estate even been opened?
If there is an estate are there any assets in the Estate? (and I would not include the timeshare)
The estate was placed in a living trust so my sister is the trustee but she asked me to do all the work since she's busier than me. An estate was not opened as we've been told by a lawyer we didn't need to do anything in terms of probate because there really isn't anything of value in the living trust at all. Mom only had personal items left besides the ira that was assigned to beneficiaries separately and joint bank accounts where the joint owners become the only owners after her death.

Since there was no money in the living trust, my onky real concern is that the timeshare would take maintenance fees from the ira money. And they'd keep charging us maintenance fees year after year if I didn't do something now. Westgate doesn't even start foreclosures until 2 years later.

All the inheritors and my mom are from Oregon. Timeshare is in orlando, florida.

I called westgate but they've been referring me to their foreclosure lawyer, a debt collector - all of which just referred me back to Westgate.
 

heehee63

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I agree. I am unaware of any authority anywhere that stands for the proposition that an executor has a fiduciary duty to open an ancillary probate in another state to dispose of a worthless timeshare that nobody wants after notifying the HOA and paying all legitimate estate debts. The facts might be slightly different if probate was already opened in FL (which is why I asked where the mother lived).

Op is likely going to get different advice from others.
Mom was from Oregon as we inheritors. My sister is the trustee of the living trust and is also an inheritor. She asked me to research as I'm more available than she is right now,
 

dioxide45

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The estate was placed in a living trust so my sister is the trustee but she asked me to do all the work since she's busier than me. An estate was not opened as we've been told by a lawyer we didn't need to do anything in terms of probate because there really isn't anything of value in the living trust at all. Mom only had personal items left besides the ira that was assigned to beneficiaries separately and joint bank accounts where the joint owners become the only owners after her death.

Since there was no money in the living trust, my onky real concern is that the timeshare would take maintenance fees from the ira money. And they'd keep charging us maintenance fees year after year if I didn't do something now. Westgate doesn't even start foreclosures until 2 years later.

All the inheritors and my mom are from Oregon. Timeshare is in orlando, florida.

I called westgate but they've been referring me to their foreclosure lawyer, a debt collector - all of which just referred me back to Westgate.
Your sister needs to send a formal written letter to Westgate along with a copy of the death certificate indicating that the owner has passed. No one here can offer you a firm answer on what you should do because we are not attorneys. Any attorneys that are probably aren't licensed in Oregon or Florida to provide legal advice to you. Plus, attorneys don't make money giving out advice for free on an internet forum.
 

Patri

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Just ignore anything more from Westgate, put ‘deceased‘ on any mail and return to sender. Distribute the funds and move on with your life. How would Westgate know anything about the IRA? You tried, they don’t want to play, and they don’t even have a tidy plan. You are done.
 

LeslieDet

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The estate was placed in a living trust so my sister is the trustee but she asked me to do all the work since she's busier than me. An estate was not opened as we've been told by a lawyer we didn't need to do anything in terms of probate because there really isn't anything of value in the living trust at all. Mom only had personal items left besides the ira that was assigned to beneficiaries separately and joint bank accounts where the joint owners become the only owners after her death.

Since there was no money in the living trust, my onky real concern is that the timeshare would take maintenance fees from the ira money. And they'd keep charging us maintenance fees year after year if I didn't do something now. Westgate doesn't even start foreclosures until 2 years later.

All the inheritors and my mom are from Oregon. Timeshare is in orlando, florida.

I called westgate but they've been referring me to their foreclosure lawyer, a debt collector - all of which just referred me back to Westgate.
If the timeshare was in your mom's living trust and if your sister is the successor trustee of that living trust, then it is your sister who is authorized (as successor trustee) to dispose of the unwanted timeshare. This isn't a probate scenario. The death certificate merely confirms that the successor trustee stepped into your mom's shoes (since your mom was the original trustee). There is most likely a fee to pay to convey the ownership back to the developer. But, you do not need to go through any probate proceeding. Again, that assumes that ownership was indeed held by her trust. And, because your sister is the successor trustee, she owes a fiduciary duty to properly administer the trust.

PS - I cannot stress how critically important it is to know exactly how title is held to the various assets. You started off talking about probate, but then casually added it was a trust. Those details are important to know. Also, if there were bank accounts held in the name of your mom's trust, then those accounts did not disappear at her death. The trust did not die. If there were assets that passed directly to a beneficiary, then they are gone. But if the bank account was in the name of your mom's trust, the money in it did not go to anyone. It is still the trust's money.
 

LeslieDet

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When the maintenance bill arrives, send a copy of the death certificate and say no one is taking it over. The resort can take it back and no further monies will be coming their way. I’ve never heard of someone doing it your way.
You can even notify them now. No one is obligated to take it over.
Just FYI - that doesn't accurately summarize the obligations of an executor of an estate nor the duties of a successor trustee if trust owned property. Yes, a beneficiary can disclaim and walk away. But the executor (if an estate) or successor trustee (if a trust) cannot without potential claims of breach of fiduciary duty. Plus, I've never seen any state that allows executors to simply abandon real property ownership and legally close a probate.
 

Huskerpaul

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And who would pursue this claim of breach of fiduciary duty related to disposal of an unwanted timeshare? Has there ever been an example of a timeshare company pursuing such a claim?
 

SteveinHNL

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The estate was placed in a living trust so my sister is the trustee but she asked me to do all the work since she's busier than me. An estate was not opened as we've been told by a lawyer we didn't need to do anything in terms of probate because there really isn't anything of value in the living trust at all. Mom only had personal items left besides the ira that was assigned to beneficiaries separately and joint bank accounts where the joint owners become the only owners after her death.

Since there was no money in the living trust, my onky real concern is that the timeshare would take maintenance fees from the ira money. And they'd keep charging us maintenance fees year after year if I didn't do something now. Westgate doesn't even start foreclosures until 2 years later.

All the inheritors and my mom are from Oregon. Timeshare is in orlando, florida.

I called westgate but they've been referring me to their foreclosure lawyer, a debt collector - all of which just referred me back to Westgate.
This is why I put my timeshares in a standalone TS trust.
 

LeslieDet

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Just ignore anything more from Westgate, put ‘deceased‘ on any mail and return to sender. Distribute the funds and move on with your life. How would Westgate know anything about the IRA? You tried, they don’t want to play, and they don’t even have a tidy plan. You are done.
Just FYI - a trust doesn't die.
 

NJWolfpacker

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I’m dealing with a similar situation with my Mom’s Hyatt timeshares.

Hyatt is saying to dispose of them I’d first need to title the timeshares in my name as they cannot do anything with the titles since the owner (my Mom) is deceased. But the last thing I want to do is to spend the time and money (trivial) to go through these hoops and take on unnecessary risk.

I will be calling the estate lawyer tomorrow to get their opinion. The timeshares are paid off for this calendar year so I am hoping probate will close prior to needing to take action.
 

dioxide45

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I’m dealing with a similar situation with my Mom’s Hyatt timeshares.

Hyatt is saying to dispose of them I’d first need to title the timeshares in my name as they cannot do anything with the titles since the owner (my Mom) is deceased. But the last thing I want to do is to spend the time and money (trivial) to go through these hoops and take on unnecessary risk.

I will be calling the estate lawyer tomorrow to get their opinion. The timeshares are paid off for this calendar year so I am hoping probate will close prior to needing to take action.
Marriott Vacations won't take a timeshare directly out of an estate. They will first want it transferred to a living person and then they will take it as a deed back.
 

LeslieDet

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I’m dealing with a similar situation with my Mom’s Hyatt timeshares.

Hyatt is saying to dispose of them I’d first need to title the timeshares in my name as they cannot do anything with the titles since the owner (my Mom) is deceased. But the last thing I want to do is to spend the time and money (trivial) to go through these hoops and take on unnecessary risk.

I will be calling the estate lawyer tomorrow to get their opinion. The timeshares are paid off for this calendar year so I am hoping probate will close prior to needing to take action.
You cannot close the probate without disposing of the real estate. In order to legally transfer ownership back to the developer, you must first convey the ownership to someone, whether an individual or a trust, basically a straw man, and then that is the person or entity who will convey title to the developer. Probate cannot close without you dealing with the real property.
 
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