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My mom is terminally ill and need to get rid of her timeshare

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  • My mom is terminally ill and need to get rid of her timeshare

    This is my first time on your website as I am not a timeshare owner (at least not yet) and don't know very much about it. So please bear with me as I explain my situation

    My mother owns 2 very undesirable timeshare weeks (mid January at Newport Bay Club in Newport, RI). She would gladly give them away for free or donate to charity but haven't had any luck with that.

    She unfortunately is terminally ill and is spending her remaining days worrying about how she will get rid of these timeshares so they don't pass down to her children.

    I have been trying to research how to do this. I have found several companies that have told us they will take the weeks off our hands if we pay them (approximately $1600 - which is what the annual maintenance fees would be for 1 year).

    I came to your forum to try to find out if these companies are legit. I see lots of strings about this topic, but am confused. Are these companies ever legit? Or are they all scam artists? How do I know when a company is legit? I have looked up info in BBB, but realize these companies can change their names very easily so not sure that's reliable.

    If these companies aren't legit then how does someone get rid of something they can no longer afford, or, in mycase, how can my mother's children make sure we don't have these timeshares pass to us in her estate . We can't afford the maintenance costs Do these timeshare deeds ever expire or do they just pass from generation to generation in perpetuity?

    Any suggestions you can provide would be greatly appreciated. I am truly lost about this.

  • #2
    They will be a part of the estate if not disposed of beforehand and no one can be forced to take them. You might try calling the resort to see if they will take them back.

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    • #3
      Originally posted by goobgoob View Post

      She unfortunately is terminally ill and is spending her remaining days worrying about how she will get rid of these timeshares so they don't pass down to her children.
      I would double check with a lawyer, but I would be very surprised if anyone can be "forced" to inherit those time shares. Your mother could leave them to someone in their will, but she doesn't have the legal right to insist anyone take them. I believe she could also leave them to the TS company in her will, but, again, check with a lawyer on that.

      Smartly Get Rid of that Inherited Timeshare Transfer Smart


      Originally posted by goobgoob View Post
      I have been trying to research how to do this. I have found several companies that have told us they will take the weeks off our hands if we pay them (approximately $1600 - which is what the annual maintenance fees would be for 1 year).
      I would not pay upfront to do this. I would say all these companies are scams in the sense that they take your money knowing full well they probably can't sell your timeshare. They'll advertise the timeshare, is all, but the odds of selling it that way are very slim, and you could advertise it yourself for far less money. And, again, if the primary concern is that your mother doesn't want to burden anyone in the family with the timeshares, it shouldn't be a problem for you. I would assume if everyone refuses them they go back to the TS management company, and then it's their problem. It would be good if your mother could deed them back to the management company or leave it to them in her will so they clear more easily, but a lawyer would have to tell you if that's feasible or how best to do it.

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      • #4
        You can decline/refuse most inheritances. You do not have to accept a bequest.

        Best to contact the probate court of the state your Mom resides in.


        A gift is refused by filing a disclaimer with the probate court. The disclaimer must be filed within X (usually 9) months of your Mom's passing.

        Check with the state to determine the requirements for a valid disclaimer.

        Unfortunately, it will pass from you to the next heir and so on.

        If you can afford it and if her estate is valued enough, a short appt. with an estate planning attorney may be of help.


        Legalities aside, I am sorry that you are going through this.

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        • #5
          Originally posted by goobgoob View Post
          I have been trying to research how to do this. I have found several companies that have told us they will take the weeks off our hands if we pay them (approximately $1600 - which is what the annual maintenance fees would be for 1 year).
          If part of the process is signing a power of attorney, they aren't really taking them off your hands unless they can sell them to someone else from what I have been reading. Do some searches on PCC or Post Card Companies before you consider this route.

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          • #6
            I am sorry about your mothers' illness.

            You can post them here for free
            Freebies - Timeshare Forums

            and here
            Bargain Deals - Timeshare Users Group Online Community Forums

            and you can even offer to pay for the closing.

            Some people like to visit the area in the winter and I imagine as an owner there you can get discounted rooms at other times.
            Pat
            *** My Website ***

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            • #7
              Welcome to TS4ms...I am sorry for your mother's illness and the stress of ownership. You got some great advice here, and I hope you have found a solution within these responses. Your mother and you should not have to worry about the TS at this time.
              Life is short, live it with this awareness.

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              • #8
                Having been through it, twice, and still dealing with it, I am sorry for your situation.

                Better read up on declining an inheritance. You may check the Search feature here, cuz there's another recent thread asking the same thing. When I read about declining for that one, it seems that if one beneficiary declines something, it passes to the next in line.

                Another read (google), but I agree that no beneficiary who has not been specifically designated can be forced to take an inheritance with a financial obligation.

                If she is so inclined, she should execute a beneficiary deed for them, giving them to the person she has least liked or has given her a hard time. Let them have to figure out what to do with them . . . I am serious.
                RCI Member Since 24-Aug-1989/150-plus Exchanges***THE TIMESHARE GRIM REAPER~~~Exchanging/Searching/SW Florida/MO/AR/IA/Consumer Advocacy/Estate Planning/Sports/Boating/Fishing/Golf/Lake-living/Retirement****Sometimes ya just gotta be a dick

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                • #9
                  First, let me apologize in advance if I offend in any way with my response. I'm very sorry your family is forced to deal with this situation, so I'll try to be as thorough as possible, and may touch on a few subjects that could be upsetting.

                  *****

                  That is actually a very nice resort, but likely the worst time period to own. I'd love to tell you that I think there is a good chance you'll find someone willing to take over the ownership if you have enough time, but it may not be possible in the current market as there will be better weeks being liquidated by other owners.

                  You've gotten great advice here, so much of what I'm going to suggest has already been given to you.

                  1st- Check with all the other heirs and family members to ensure nobody wants the weeks. I've seen a few cases where the estate rep assumes incorrectly that the weeks are not wanted, only to have a distant heir (often the one nobody felt like calling for good reason) muck up the estate proceeding with a claim after death.. (On a side note, make sure your attorney understands that probate is required both in the state where the owner lives, and also where the actual real estate is located.. Timeshares are often forgotten and can result in additional legal fees of approx $1,500 years later.)

                  2nd- Contact the resort owner services/hoa at (401) 849-8600 and explain the situation to them. Tell them none of the heirs want the timeshare, so it will simply be abandoned with the estate (which you believe will have far more liabilities than assets). Offer to pay a reasonable deeding fee to have the weeks forfeited back to the association. Under no circumstances, authorize the resort to "add" your contact information on the account. If they ask for contact info, use the current information or provide the contact info for the attorney handling the estate planning. Many resort employees are trained to do this, so they have a point of contact for future collections.

                  3rd- Post the free ads as giveaways as indicated by GrayFal. Then, post as many free or low cost ads as possible priced at $99. to $250. (Hint- these seem to get more activity than the ones at $1 on some venues.... I have no idea why!). On some of the ads, you can also offer to pay for a reasonable deeding cost. You will want to have a valid power of attorney in place for this in the event it is needed to facilitate the transfer. (Be aware, the POA ends upon death.).

                  Be sure to check with the attorney helping with the estate to ensure the current Power of Attorney form is also acceptable in Rhode Island. Often, attorneys fail to check with the state where the timeshare is located, and as a result the POA isn't considered to be valid... If your attorney is charging you now for every consult, you may want to check with a reputable closing agent who handles transfers in RI to try and save some fees.

                  4th- Follow Beaglemom's advice and consult with the attorney as to the process of filing a valid disclaimer. Ask the attorney to prepare an instruction letter which can be given to each heir. (Try to avoid this if possible, as abandonment will force the HOA to go through a costly foreclosure in the future- or the unpaid fees will simply be classified as lost debt and the other timeshare owners will be forced to "take care of the bill".. You may decide that abandonment is your only option, but please investigate all the others fully.

                  Again, I'll say a prayer for your family during this time and process.
                  my travel website: Vacation-Times.org.

                  "A vacation is what you take when you can no longer take what you’ve been taking."
                  ~Earl Wilson

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