In-laws purchased a second timeshare 2 years before passing... 30k mortgage. We haven't started probate yet. Are we screwed?

[ProbateMessBG]

Title says almost all of it.

My in-laws lived in Maine and have had a BlueGreen Vacations timeshare for many years and have a deed. In 2023, they decided to purchase (without telling us) a second property/week with BlueGreen. Towards the end of 2023, my FIL got diagnosed with a very aggressive form of cancer and passed in early 2024. My MIL, in her grief, stopped paying maintenance fees on the first property but continued paying the mortgage (because it was set to auto debit from her checking account). She passed in March.

BlueGreen has drained the remainder of her checking account and after 1 missed mortgage payment last month have placed them in default.

My husband is the executor of the estate and due to a combination of horrible timing and a slow laywer we were unable to register the TOD for the deed to my in-law's house with the county before my MIL passed away (as required by Maine law) and now the house has to go through probate. The only assets in probate are the house ($100k zestimate), a 2019 Ford Bronco, and about $1,400 in a checking account. We have a bill of sale she signed for the Bronco but we didn't have the title in hand when she was in the hospital so we expect it will have to go through probate too.

All in all, BlueGreen is looking for about $35k from my in-laws. We cannot afford a timeshare. We don't want it. My husband's father built the house and we don't want to lose it. We have been a bit strapped financially ourselves and we were hoping to sell the bronco to help our situation but something tells me its going to have to go to BlueGreen, isn't it?

What are the odds we would be able to let bluegreen just foreclose on my MIL? They haven't been notified that either of my in-laws have passed yet. As far as they know, they've just stopped paying everything.

Our lawyer isn't well versed on timeshares and I'm wary of exit companies (especially with a mortgage).

Has anyone else been in a similar situation or do you have any advice? We don't want a time share we don't intend on having any bluegreen vacations anytime soon either.

Thanks!

 

[DeniseM]

The executor should send a copy of the death certificates to the resort management company with a firm letter saying that the owners are deceased and the heirs are refusing the timeshares. Whatever you do, don't put the timeshare deeds in your name, or send them any maintenance fee payments, or you will be stuck. You may get the run-around, so you will have to stand firm.

 

[rickandcindy23]

That is a horrible story. I hope someone here can help you out with this.

 

[rickandcindy23]

How old were your husband's parents? If they were over 70, this is truly disgusting for Bluegreen to take advantage of them like this.

 

[ProbateMessBG]

How old were your husband's parents? If they were over 70, this is truly disgusting for Bluegreen to take advantage of them like this.

They were 74 and 75 when they purchased their second properties. My FIL actually had a fall in one of their rooms during a visit and they decided to check out early and go home because he wasn't feeling well (this was a few weeks prior to his diagnosis, when we first realized something was wrong), and they tried to get them to sit through a presentation before leaving. We drove up to get them because we didn't want my FIL driving and I'm pretty sure we just left the keys in the room and my MIL called bluegreen later to tell them they'd left.

 

[5finny]

My husband is the executor of the estate and due to a combination of horrible timing and a slow laywer ...

Our lawyer isn't well versed on timeshares and I'm wary of exit companies (especially with a mortgage).

Has anyone else been in a similar situation or do you have any advice? We don't want a time share we don't intend on having any bluegreen vacations anytime soon either.

Thanks!

My condolences.
In all fairness this should not have to be paid-- but when it comes to timeshare sales fairness is often a non issue

You have a slow lawyer who is not familiar with timeshares
You have not opened a probate case yet and a timeshare is a big issue with the estate
Maybe you should find a new lawyer who can act timely and is comfortable handling the estate issues

Under no circumstances should you get anywhere close to an exit company !!!!

 

[ProbateMessBG]

My condolences.
In all fairness this should not have to be paid-- but when it comes to timeshare sales fairness is often a non issue

You have a slow lawyer who is not familiar with timeshares
You have not opened a probate case yet and a timeshare is a big issue with the estate
Maybe you should find a new lawyer who can act timely and is comfortable handling the estate issues

Under no circumstances should you get anywhere close to an exit company !!!!

Thank you. We have a new lawyer. We parted ways with the previous one when he didn't get us the TOD for the house in the original estate package and sent it along a day later (after we'd had it notarized and he knew my MIL was in the hospital and it was urgent). We're comfortable with the new one and he's got a couple of ideas but I'm just hoping there's some magic loophole out there (I know there likely isn't)

 

[swditz]

Sorry for thus terrible situation. I have no helpful advice but please keep us posted on how this unfolds. Doubtless this will be helpful information for others in simular situations.

 

[GrayFal]

Be aware, Bluegreen is not a deeded property. In laws own shares/points in a vacation club.
So they don’t have a mortgage, they have a loan on the latest property.
The important thing is that you do not pay one more penny to the loan and definitely not any maintainance fees ( usually due in November)
Follow DeniseM suggestion in post #2.
Sorry for your loss and this situation.

 

[Tia]

Welcome to TUG , this is a place with decent people and good advice. Terrible about whoever at Bluegreen trying to get your in-laws to sit through a presentation when after a fall and he and wasn't feeling well. Glad you got a new lawyer
My sympathies.

 

[moonstone]

So sorry for your loss, and predicament. I cant believe BG or any timeshare company, would take advantage of the elderly like that!

A (Canadian) friend/neighbour of ours had a sort of similar situation about 10 years ago. His parents had a timeshare in Florida for many years that they enjoyed using prior to retirement. His dad had passed away years ago right before he retired and his mom was in relatively good shape so she retired and continued going to Florida each winter to spend a week at the timeshare and a couple of months at a rental accommodation. During one of her last timeshare visits she was upsold which resulted in a loan of about $20K US ($27K Cndn) which she never disclosed to her son or daughter. A short time after the purchase she was diagnosed with cancer and died within a few months. Before she died she sold her house and gave most of her money to her kids and grandchildren but did not disclose the loan to her kids.

Our friend was the executor, the estate was simple so no probate, and it didnt take long to settle. He had an estate lawyer helping him who put the appropriate notice to collectors notice in our local small town newspaper which of course the timeshare company would not have seen from Florida. After the bank account was emptied and the estate was pretty much closed, a letter arrived (her mail was being redirected to our friend's house) with an overdue payment notice for the timeshare loan. Our friend asked me what he should do before talking to the lawyer. The loan was through the American timeshare company (I have forgotten which one now) but the payments were coming out of a credit card they set up which was paid for from her Canadian bank account that was now emptied and closed. He never found the credit card in her things and hadnt realized what the payments were for when he closed the account and I guess it took a couple of months for the timeshare folks to catch up and send a notice asking for payment. He was afraid he and his sister would be on the hook for the loan. I told him to send a copy of his mom's death certificate along with a letter saying the estate was finalized and closed, money distributed, and there would be no further payments so they could have the deed for the timeshare back since none of the heirs wanted the timeshare. He told his lawyer what I said and the lawyer agreed and said since he didnt know much about timeshares, it sounded logical. The letter was sent off and about 2 months later another letter arrived from a collections agency. Our friend didn't even open the letter, he wrote on the envelope 'deceased, return to sender' and mailed it back. He has never had another letter since.


~Diane

 

[dioxide45]

You probably should be consulting the attorney you are now with. Advice given here is worth exactly what you pay for it. THe problem is that if the estate has assets, then Bluegreen could make a claim against those assets. Sending a death certificate to Bluegreen does not release Bluegreen's claim to assets in the estate if they wish to peruse that.

 

[CalGalTraveler]

Condolences. This is just another complication to an already difficult situation. There is a silver lining even though in default, your parents do not need a good credit record anymore.

What state is BG located in? If Florida you may have reprieve but because these are points in a land trust instead of a deed there may be complications.

Once you determine the state where the land trust point are held, Share the thread below with your lawyer to save on legal fees. Have the lawyer offer deed in lieu because they won't get any money and if they try to push you to pay you could sue BG civilly for elder abuse. Shame on BG for selling to people in their 70s. Good luck. You will get through this. Please report back what happens to pay it forward to others in a similar situation.

Links to Official State Timeshare Laws and Guides/Manuals

@TUGBrian @DeniseM @CalGalTraveler take a look. This weekend, I’m creating a spreadsheet with official links to states’ timeshare laws, as well as their statuses as to non-judicial, anti-deficiency foreclosures. In the meantime, I will just keep adding notes. * Legal Disclaimer: This list...

tugbbs.com

 

[Emmjay]

Regarding the car title, an estate lawyer told me to just sign the title now, before death, so that my daughter can sell it outright or transfer it.