Relinquishing Timeshare in Florida

allroundgoodguy

GDB2222 said:

I think that, in some US states, foreclosure removes any outstanding liability. Did the lawyer confirm that? 

He didn't reply before she replied to me. I appreciate that heads up, I will ask.
Everything had been paid up in the early 2000's, so it was only the annual charge of around £800- though that was creeping up.

GDB2222

I suggest that you get advice, as you don’t want a bill coming in years after you have distributed the estate.

allroundgoodguy

GDB2222 said:

I suggest that you get advice, as you don’t want a bill coming in years after you have distributed the estate.

I've just re-read the email the Attorney stated 
"Will you respond to them please?  I typically inform them that foreclosure is the easiest way for the Association to get the week back.  They can ignore any pleadings they may receive, but also the association will not make any claim against the estate.  The only other option is for them to hire an attorney, open an ancillary probate, have the heirs acquire title to the week and then deed it back to the association."
The resort manager replied to me
"We have already sent this account to foreclosure, so there is nothing you need to do at this time."

It is in Florida.

Slinky

"at this time" would concern me somewhat.

CommuterRevenge

Slinky said:

"at this time" would concern me somewhat.

That's is a good point! 

TripleH

Can you choose to give a timeshare to a particular organisation or party in a will (accept might be wrong board to ask)?

user1977

TripleH said:

Can you choose to give a timeshare to a particular organisation or party in a will (accept might be wrong board to ask)?

Yes, but (perhaps depending on which jurisdiction we're talking about!) the beneficiary isn't obliged to accept...

eddddy

TripleH said:

Can you choose to give a timeshare to a particular organisation or party in a will (accept might be wrong board to ask)?

Perhaps, as long as the timeshare is worth something.

The problem is that some timeshares have a 'negative value' - i.e. they are liabilities rather than assets.

For example,

• The OP's timeshare seems to allow the use the property for 1 week a year - in return for a maintenance fee of $800.

• But if you can rent a similar property for $600 for 1 week instead - essentially ownership of the timeshare is going to lose you $200 per year.

So nobody would want to accept a 'gift' which is going to lose them $200 per year. 

allroundgoodguy

I've reflected and though I  should perhaps include all the correspondance included in the email ie that between attorney and resort manager.
Attorney: "Good morning xxxx please see below. The usual solution for this one is to foreclose and tell the family to ignore any pleadings that they receive. But I’ll leave it up to you. Let me know if you need my assistance and if you will respond to Mr. A."  

Resort Manager: " This account has already been sent to foreclosure."

Attorney: "Will you respond to them please?  I typically inform them that foreclosure is the easiest way for the Association to get the week back.  They can ignore any pleadings they may receive, but also the association will not make any claim against the estate.  The only other option is for them to hire an attorney, open an ancillary probate, have the heirs acquire title to the week and then deed it back to the association."

Resort Manager: "Please see Mr L's comments below. We have already sent this account to foreclosure, so there is nothing you need to do at this time."

So the plan was to follow the Attorney's initial advice and ignore all subsequent correspondance.

allroundgoodguy

Just following up. We've had a Jan 2022 bill in my late Mum's name. Just to confirm, we just ignore it, as paying it would admit liability and continue the debt? It will got to foreclosure and they will repossess the timeshare?