[WSBAPT] Probate problem with timeshare

[Heather deVrieze]

I have avoided ancillary probates (or advised clients to avoid them) for timeshares. If the company doesn't make a claim against the estate, they can't come after the heirs. I can't tell you how many timeshares have simply gone back to the companies (eventually) this way. Once it is transferred to the heirs, they need to do whatever they can to be rid of it, including paying back dues and selling for peanuts, if they don't want to use it, or have it continue to affect their credit.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa Schuchman
Sent: Tuesday, February 21, 2017 12:57 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Probate problem with timeshare

Here is the problem: a Washington resident died intestate, leaving two adult children as her heirs.  She owned a timeshare in Florida and was in default for dues and fees.  We had a FL attorney do an ancillary probate and as part of that he transferred ownership to the kids.  The kids don't have any interest in the timeshare and they also don't have money.

We offered a deed in lieu of foreclosure to protect the credit of the heirs.  Apparently there is only one person in that department, and she is on family leave.  The PR has looked into selling the timeshare and found that the value is less than past due fees.

Does anyone have any advice on how to handle this?  There aren't enough assets in the estate to pay the fees, but even if there were, the heirs don't want the timeshare.  Help?

Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://www.lisaschuchman.com/>

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