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Inheriting a timeshare

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  • Inheriting a timeshare

    Hi everyone, I’m wondering if someone on here can give me some advice regards inheriting a timeshare.
    My wife’s grandfather purchased one of these when my wife was about 17 so we are talking around 1995ish during a holiday in Spain. The complex he bought into is in Gran Canaria. My wife was his favourite granddaughter and we think he purchased it with her in mind as her 18th birthday present. Unfortunately he never consulted the family regards this idea and just went ahead with the purchase no doubt believing the timeshare maxim that “The deal is only good for today.”

    When he returned back to England my in laws pointed out that my wife intended to become a primary school teacher so she would only be able to use it during the school holidays when it is high season and air fares are astronomical so it made any break at that particular resort excessively expensive. Although it was a lovely thought, which was appreciated it was in effect useless to her. My father in law looked over the paperwork and realised that his father could rescind but he needed to act fast as the cooling off period was coming to a close.

    My father in law and his father had, had a strained relationship prior to the birth of my wife and whether it was pride or sheer stubbornness on my wife’s grandfathers part he refused to rescind stating that he and his wife would then use it instead. Needless to say they never did but continued to pay maintenance fees on the property, which rose every year.

    My wife’s grandfather passed away in 2001 leaving his wife who was beginning to show the symptoms of Alzheimer’s disease which meant she eventually moved into my in laws home as the disease progressed so that they could take care of her and my father in law became power of attorney over her financial affairs.

    According to my father in law Spanish law or at least the agreement made with this timeshare company does not accept a widow capable of looking after her own affairs under any circumstances and it is expected that the eldest son will look after her financial affairs for her. In this case mainly due to the Alzheimer’s this is my father in law who is the middle son of three. I find this law preposterous if it exists, as we are now in the 21st century and what if she had beared no sons at all?

    However my main concern is eventually and I’m sorry if this sounds cold, my wife’s grandmother who is now well into her 80’s will pass away leaving her estate to go to probate as she steadfastly refused to draw up a will and expected her sons to ‘do the right thing’ when she and her husband died by splitting up any money or property equally three ways. So this financial millstone that has been requiring maintenance fees all these years is going to end up on the table as part of her estate.

    What happens if all three sons refuse to touch it with a bargepole? (Which my father in law intends to do) she hasn’t or never expressed any desire for any particular son to inherit it upon her death and I’m afraid my father in law will get suckered into accepting it along with it’s liabilities which will mean on the death of my in laws my wife and I could end up with the bloody thing as she’s an only child and knows she will inherit her parents estate upon the death of her remaining parent.

    In the 6 years that I have known my wife we have never shown any interest or desire to visit the property due to her being a primary school teacher and the added expense that would be involved travelling during the school holidays. We have however had the opportunity to do so as my father in law and his brothers have decided to give their children the chance of using it on a yearly rotational basis until the death of their mother to try to salvage something from what has to be said was a rash financial decision made in the heat of the moment by their father.

    Sorry I’ve had to write an essay but it’s better to give readers the facts as I have them rather than release information slowly like a dripping tap.

  • #2
    My ADD prevents me from reading diatribes , so, without reading it, I will just say that you do not have to accept an inheritance that you do not want, if that is the case. When it comes to a timeshare, it would be with me.
    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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    • #3
      Originally posted by Benzade
      What happens if all three sons refuse to touch it with a bargepole? (Which my father in law intends to do) she hasn’t or never expressed any desire for any particular son to inherit it upon her death and I’m afraid my father in law will get suckered into accepting it along with it’s liabilities which will mean on the death of my in laws my wife and I could end up with the bloody thing as she’s an only child and knows she will inherit her parents estate upon the death of her remaining parent.
      From what i have read and seen online, until it is taken out of the estate, by someone accepting it or selling it...it is considered a debt upon the estate and the MF's must be paid every year until any other property leaves the estate....As we have seen and read on here, some timeshares are impossible to even give away, this would mean the timeshare will sit in the estate until it has essentially bleed it dry, then the HOA/BOD/POA will foreclose on the Estate and take it back...

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      • #4
        Thanks for the link JLB I've already read that article but was wondering if this had actually happened to anyone on here and how they went about washing their hands of an unwanted timeshare.

        The other option if what Ridewithme38 says is true is for my father in law as power of attorney to start bequeathing small cash amounts to himself and his brothers on birthdays, christmas etc as gifts from their mother to shrink the estate. However if he went down this route any amounts bequeathed would have to be declared going back 7 years from the date of her death to satisfy any "Inheritence Tax" claims later made by the state.

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        • #5
          There is not enough information provided (believe it or not!)..

          The posters who have already responded have not considered that your resort is located in Spain- therefore any "probate" would be subject to the laws of that country. It also appears that you are from the UK, which may also come into play.

          The link provided gives no information regarding your situation and has nothing to do with international probate- so I have removed it to avoid confusion by readers.

          Understand that probate requirements and laws vary by state and country. Where the property is located determines what laws have jurisdiction, not where the individual owners reside. If a consumer owns property in Spain, they are subject to the laws of that country.

          There can also be vast differences to our ultimate outcome depending on if the ownership is deeded, or if it is simply a right to use leasehold. Also, the recommended strategy for you can also be vastly different depending on the assets expected to be held in the estate.

          Start by talking to an experienced real estate and/or probate lawyer or solicitor where you live. He or she will be the best person to guide you, either directly or by pointing you in the right direction where you can find help.

          Once you have gotten proper legal advice, please try to remember to come back and share what you have learned.. Yours is a very unusual circumstance, but the answers you find may be very helpful to others.

          Good luck!
          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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          • #6
            Originally posted by rikkis_playpen View Post
            The link provided gives no information regarding your situation and has nothing to do with international probate- so I have removed it to avoid confusion by readers.
            Also to avoid any confusion, although it maybe did not apply specifically to the OP, it had general value, IMO, to others wondering the same thing, whether you have to accept an inherited timeshare.

            I try to post links to stuff so that others know it's not just me spouting off, like people are oft prone to do on the Internet, and in real life.

            You can google it yourself:

            Disclaiming an Inheritance
            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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            • #7
              Hello again everyone sorry to bump this thread but sadly my wifes nan passed away earlier this month so the ball is now rolling with this one so to speak. As no will was ever written her estate has had to naturally go to probate. An interesting one on discussing the matter with my father in law is under spannish law when a man dies half his estate is inherited by his wife and the remaining 50% is broken up amongst any offspring they may have in this case 3 ways. My father in law may have complicated matters for himself as rather than mess about sending death certificates etc to the timeshare company for his father when he died he just carried on paying the maintenance fees etc in his name. Thinking we'll deal with it when my mother dies. No doubt the timeshare company that owns the property will point out he was in breach of contract not informing them of his fathers death and may even claim by not showing at disinterest in the timeshare at that point that he and his brothers have accepted ownership. Who knows I'll keep you posted on this one as it progresses.

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              • #8
                Perhaps you are making a bit too much of a worry about this problem. My advice, with no legal background, is to stop paying timeshare dues and make no communication with the timeshare resort at all. Hopefully bu the time they do anything about collection, the estate will be closed and they will be happy to take the week back. Based on what I've read here about the timeshare, they do not seem to deserve any better consideration.

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                • #9
                  I'll go with Tony. Like teeth, there are a lot of things that if you ignore them, they will go away.
                  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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                  • #10
                    Originally posted by jlb View Post
                    my add prevents me from reading diatribes :cool
                    lol

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                    • #11
                      Originally posted by ace2000 View Post
                      lol
                      yeah . . . see, without the ADD, I mighta known it was in Spain, and just forgone giving meaningful advice, and saved someone the effort of rapping me on the knuckles with a ruler



                      I wonder if I ignore our TSs if they will go away.

                      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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                      • #12
                        State line are easier to navigate that country lines.

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                        • #13
                          Originally posted by JLB View Post
                          My ADD prevents me from reading diatribes
                          Guess I've got the same ADD problem, I couldn't follow that diatribe either...

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