Need advice on unwanted Timeshare that was inherited

[emmakay]

Before I start I apologize for such a long post.

I have read over these forums and posts to gain knowledge on how to proceed with disclaiming an inherited Timeshare from my father, but have questions due to the unusual nature of our situation.

My dad passed away unexpectedly back in January and my brother and I inherited a Timeshare with The Surf Club of Marco. This Deeded Timeshare was purchased by him back in 1989 and was paid for long ago. I started by calling Hilton Grand Vacations but they said they could not help us due to the significant long term ownership and deed so I was directed to The Surf Club of Marco.

After getting nowhere in speaking with The Surf Club I decided to try to do things on my own. My dad was divorced and left no will. There is no estate. He had very few possessions and owned no property at the time of his death besides this Timeshare. Therefore we have not gone through probate. My brother and I are the only beneficiaries.

We have not used the Timeshare in any way and have not paid any maintenance fees.

We have filed Disclaimers of Interest with the Court Clerk and they have been recorded well within the 9 month time frame according to the law.

I sent a letter by certified mail/return receipt stating the situation to The Surf Club of Marco, requesting our surrender of ownership along with copies of the stamped and recorded Disclaimers of Interest from my brother and I, as well as, a copy of the death certificate.

They called me today and said they could not take the deed back. Instead they transferred me to the sales dept. The woman I talked to said this type of timeshare might take up to two years to sale. She mentioned speaking with their attorney to foreclose. We are not interested in selling it. We just want out. We want nothing to do with it. Should we let them foreclose?

What are our options? We have legally disclaimed our interest in it. If we do let them foreclose can it affect our credit or are we safe since we filed Disclaimers? We don’t want our good credit ruined and really can’t afford a lawyer. What should we do?

 

[dayooper]

Before I start I apologize for such a long post.

I have read over these forums and posts to gain knowledge on how to proceed with disclaiming an inherited Timeshare from my father, but have questions due to the unusual nature of our situation.

My dad passed away unexpectedly back in January and my brother and I inherited a Timeshare with The Surf Club of Marco. This Deeded Timeshare was purchased by him back in 1989 and was paid for long ago. I started by calling Hilton Grand Vacations but they said they could not help us due to the significant long term ownership and deed so I was directed to The Surf Club of Marco.

After getting nowhere in speaking with The Surf Club I decided to try to do things on my own. My dad was divorced and left no will. There is no estate. He had very few possessions and owned no property at the time of his death besides this Timeshare. Therefore we have not gone through probate. My brother and I are the only beneficiaries.

We have not used the Timeshare in any way and have not paid any maintenance fees.

We have filed Disclaimers of Interest with the Court Clerk and they have been recorded well within the 9 month time frame according to the law.

I sent a letter by certified mail/return receipt stating the situation to The Surf Club of Marco, requesting our surrender of ownership along with copies of the stamped and recorded Disclaimers of Interest from my brother and I, as well as, a copy of the death certificate.

They called me today and said they could not take the deed back. Instead they transferred me to the sales dept. The woman I talked to said this type of timeshare might take up to two years to sale. She mentioned speaking with their attorney to foreclose. We are not interested in selling it. We just want out. We want nothing to do with it. Should we let them foreclose?

What are our options? We have legally disclaimed our interest in it. If we do let them foreclose can it affect our credit or are we safe since we filed Disclaimers? We don’t want our good credit ruined and really can’t afford a lawyer. What should we do?

First off, sorry for your loss. It’s really lousy they are putting you through this.

What did your father own? Are the fees caught up? Did you take possession of the TS or is it still in his name? Surf Club is a popular resort and it might be easier just to give it away if you owe nothing on it.

 

[Passepartout]

After you've filed the disclaimer of interest, you're done. If there are no assets in dad's estate, they can't force you or your brother to take it if you don't want it.. Let them foreclose.

If you want to, go to eBay and do a search for similar units as his. You can see what they actually sold for. It won't be a lot. Another possibility, you could offer it on the TUG Bargain Deals, but you don't really have to.

Sorry for your loss and that you are left to deal with this.

Jim

 

[presley]

They shouldn't be jerking you around like this. If you haven't accepted the transfer of it to your name, they can't do anything. If they want to pay for it to go into foreclosure, that's a dumb choice on their part. I'd keep a stack of copies of everything you have that proves that you don't own it and anytime they send you anything, send them back a copy of showing that you don't own it.

 

[emmakay]

The timeshare is still in his name and the MFs are current. We used to go there as a family back in the early 90s. Lovely place. But my brother and I are super busy with our own families now and rarely take vacations because we are workaholics and we just have no desire to keep the timeshare.

 

[emmakay]

Thank you all for the replies and good advice. I think I will let them foreclose on it and let it go.

 

[silentg]

Sorry for your loss. Since the Timeshare is still in your father’s name you are not responsible for it. They can try to foreclose but, it would be against your father. You provided them with all of the necessary documents so they should just take it back. The Surf Club can resell it, it’s their problem not yours.

 

[CPNY]

The timeshare is still in his name and the MFs are current. We used to go there as a family back in the early 90s. Lovely place. But my brother and I are super busy with our own families now and rarely take vacations because we are workaholics and we just have no desire to keep the timeshare.

Sorry for your loss, let it foreclose then maybe you guys can rent a few units somewhere get A nice family vacation as a remembrance to your dad.

 

[jabberwocky]

Sorry for your loss, maybe you guys can get one last hoorah out of it as a family vacation As a remembrance to your dad then let that bad boy foreclose

Can you do this if you’ve declined an inheritance? IANAL, but I thought that if you used it that could work against you.

 

[CPNY]

Can you do this if you’ve declined an inheritance? IANAL, but I thought that if you used it that could work against you.

If it’s going to foreclose I didn’t think it would make a difference since it would take a bit to foreclose

 

[Eric B]

If it’s going to foreclose I didn’t think it would make a difference since it would take a bit to foreclose

It's a Florida timeshare and they have no deficiency foreclosures there. If one were to do anything that could be interpreted as objecting to that process, one might lose the protection of the no deficiency foreclosure and be held personally liable for something beyond the ownership of the timeshare interval. @Grammarhero posted links to a lot of good information on this subject and I am in no way offering any legal advice, just suggesting that the OP educate themselves about the situation they are in. Personally, I wouldn't even consider going to a TS in FL that I was trying to disassociate myself from by whatever means would be appropriate, but most especially a no deficiency foreclosure.

 

[CPNY]

It's a Florida timeshare and they have no deficiency foreclosures there. If one were to do anything that could be interpreted as objecting to that process, one might lose the protection of the no deficiency foreclosure and be held personally liable for something beyond the ownership of the timeshare interval. @Grammarhero posted links to a lot of good information on this subject and I am in no way offering any legal advice, just suggesting that the OP educate themselves about the situation they are in. Personally, I wouldn't even consider going to a TS in FL that I was trying to disassociate myself from by whatever means would be appropriate, but most especially a no deficiency foreclosure.

Updated my comment...... let it foreclose and rent units for a nice family trip lol

 

[emmakay]

Sorry for your loss. Since the Timeshare is still in your father’s name you are not responsible for it. They can try to foreclose but, it would be against your father. You provided them with all of the necessary documents so they should just take it back. The Surf Club can resell it, it’s their problem not yours.

Thank you for your help. I really appreciate it!

 

[emmakay]

After you've filed the disclaimer of interest, you're done. If there are no assets in dad's estate, they can't force you or your brother to take it if you don't want it.. Let them foreclose.

If you want to, go to eBay and do a search for similar units as his. You can see what they actually sold for. It won't be a lot. Another possibility, you could offer it on the TUG Bargain Deals, but you don't really have to.

Sorry for your loss and that you are left to deal with this.

Jim

Thank you for the advice. I just felt intimidated by them. You have eased my mind.

 

[dioxide45]

If you want to, go to eBay and do a search for similar units as his. You can see what they actually sold for. It won't be a lot. Another possibility, you could offer it on the TUG Bargain Deals, but you don't really have to.

The problem with trying to offer it up for free to someone is that it would likely have to go through probate to have it signed over to the buyer.

 

[jules54]

Sorry for your loss. The Surf Club member services must truly be a heartless, lying organization. In all of my research through the years I’ve always read no one can be forced to take an inheritance. Even if your Dad willed it to you, which you say he did not. Unless your name is also on the deed which it is not.
You did their member services I huge favor by contacting them to inform them of your Fathers death. They have the information they need to not go forward with a costly foreclosure which I’m pretty sure they are aware of. They just want to intimidate you into thinking they have some legal power. Ignore them you’ve already done more than necessary.
This is a reminder to us all people. Make a will even if you have nothing. Don’t leave your children who are grieving a mess to deal with. Save your babies the heartache of this burden. I do have quite a bit of experience with being the PR of estates. No Will or an old Will are no picnic. Surprisingly even folks that have millions of dollars still die unexpectedly without a Will.
Disclaimer: I’m not an attorney. All the opinions stated are my own.

 

[Eric B]

Sometime about a year ago or so, there was a posting suggesting including the HOA for your timeshare in your will. Might make sense as a contingent one after allowing your heirs to decide whether they want to accept on. No legal advice intended here, of course.

 

[musictom]

As soon as I read "they transferred me to the sales dept." I knew you'd be dealing with a heartless b@#tard. Timeshare sales folk would stop a funeral to get you to take an heir's timeshare — they are without compassion or care, with the exception of their sales commission. I'm sure she looked at you and your brother as an opportunity to make money, nothing less. Also, generally the sales department has little or nothing to do with the administrative end of the company.

You've gotten plenty of great advice here: no need for me to pile on. I am sorry to hear of your father's sudden passing.

 

[heitmullerj02]

Does anyone know if its titled in a family trust, can the kids (successor trustees) disclaim it?

 

[klkaylor]

emmakay - very sorry for your loss and what you are going through. As someone who have been through three very tough estate and trust settlements the key is knowing the rules and laws of the state that you are dealing with. You sadly are incorrect to say he had no estate - he actually as a complex estate with personal property in one state (which I don't know) and real property in a second state (I am assuming that he died in state other than FL.) Real property after death is dealt with under the rules of the state it is in not where the person dies. Folks with timeshare need to know that key fact. As this time share is in Florida you have to know the estate laws-real property part- of FL. Without a trust and the timeshare being properly titled in the trust (a common error is that trusts are written but never funded-in this case the property retitiled) you may have to open probates in every state that there is real property based on the value of the property and the rules of that state. The fact that he had no will makes this even more complex as FL law determines who is the exectutor for his estate is in FL and who actually inherits the property. Im not a lawyer but had to do some deep digging to close out my estates. Dig into Florida law - an insure that the right person is doing the right thing.

 

[elaine]

We went thru a similar thing in FL a few years ago. You cannot sell or give away a timeshare solely in your Dad's name, as he is not alive to sign over the deed. The resort cannot take back the deed for the same reason--we thought that would be an easy fix. I do not think that the abbreviated foreclosure process allowed by FL law is applicable where owner is deceased.
The unit must either go thru probate and be titled into an heir's name (and then you can sell/give away) or you let the resort foreclose. In theory, there could be a deficiency judgement against whoever is named in the foreclosure (likely, the estate). In reality, many (most) resorts just foreclose (in rem) to get the deed back. That's what happened in our case. We were told to not have any correspondence with the resort once that process started and to not accept any certified letters--reject and mark "addressee is deceased." It took about 2-3 years. We got 5+ letters in the mail from the resort--notices of delinquency, notice of default, then notice of not being allowed to use unit. Then declined the certified ones and were sent notices in the mail by the Court of foreclosure, notice of hearing, notice of final judgement.
As Surf Club said speak to their atty about foreclosure, I'd be inclined to start there. I'd tell them there are no assets and you're declining taking Surf Club. Confirm that foreclosure is solely against your Dad's name/estate. FL timeshares do this all the time, as many elderly owners pass away. My Dad's foreclosure was actually bundled with 40 others (big resort) in a bulk foreclosure.

 

[callwill]

So, would it be best to stop paying maintenance fees and taxes long before death so they foreclose directly against the owner? Looking at my own situation, I have no plans to saddle my kids with an albatross they dont want and surely dont want them to have to go thru a battle like this. Yes i would try the give it away listing of it first but wont hold my breath..

 

[Eric B]

... if you leave it to the HOA in your will, it wouldn't need to be foreclosed on....

 

[elaine]

... if you leave it to the HOA in your will, it wouldn't need to be foreclosed on....

interesting thought. Of course the HOA could decline.

 

[dioxide45]

... if you leave it to the HOA in your will, it wouldn't need to be foreclosed on....

The problem is it would have to go through probate to be signed over to the HOA (unless in a trust). Those probate costs would be on the estate to pay. At least with foreclosure, the resort has to pay any foreclosure costs.