[WSBARP] Do timeshare contracts terminate on death? In particular Worldmark by Wyndham? Is Disclaimer in Interest sufficient?

Wed Nov 13 15:49:27 PST 2024

Heather,

This is always an interesting question.  If its “until death do us part” you would assume death ends timeshares.  I know the management companies want an heir to take, but these days no one wants them.  When I get a question about management fee payment, I tell the timeshare management company that no heir wants the timeshare and no further maintenance fees will be paid.

Jeff

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Wednesday, November 13, 2024 3:45 PM
To: ak at seattle-silvalaw.com; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: wsbarp-request at lists.wsbarppt.com
Subject: Re: [WSBARP] Do timeshare contracts terminate on death? In particular Worldmark by Wyndham? Is Disclaimer in Interest sufficient?

Just because it hasn’t happened yet doesn't mean it couldn't happen, but I have had many estates over the years simple give notice to creditors, and when no claim is filed, let the time share companies know that the estate was closing and would take no further action on the timeshare(s). 

Once there is no more “estate” I’m not sure how they come after the estate indefinitely.

Heather

Heather S. de Vrieze
Attorney-at-Law

3909 California Avenue SW

Seattle, WA 98116-3705                          

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 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com 

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From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  <wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Andrekita Silva
Sent: Wednesday, November 13, 2024 3:16 PM
To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> 
Cc: wsbarp-request at lists.wsbarppt.com <mailto:wsbarp-request at lists.wsbarppt.com> 
Subject: [WSBARP] Do timeshare contracts terminate on death? In particular Worldmark by Wyndham? Is Disclaimer in Interest sufficient?

Law Office of 
F.ANDREKITA SILVA
_______________________________________________________   

November  13,  2024

Listserve,

I have a client, PR, where the deceased owned a Timeshare with Worldmark by Wyndham. The deceased had already paid off the contract but had to continue paying monthly dues, I believe they are about $450.00 a month.

The PR called to find out how to give this back, sent death certificate, PR Letters, etc. She was passed around to several people over a period of months and eventually was told the account was sent to collections. Collections said, don’t pay (about $3.5k owed in accrued monthly costs at that time), account will eventually be closed for non pay.

I have now called and written to Wyndham. They refuse to provide any contact information for anyone. Eventually, I was directed to write to Consumer Affairs for Wyndham if I had issues.

I wrote and advised owner deceased,  PR wants to give it back and exit timeshare, and to provide me a copy of the contract if they believe estate had any obligation.  They were given Notice to Creditors and no claim filed. However, there were no past due sums owed at the time of owners death, he was current.

I just read online that most timeshare contracts have a perpetuity clause, and that the owner's death is a non-event. The obligation goes on indefinitely and becomes the obligation of the estate.  The internet suggest that the estate can terminate the contract by filing a “disclaimer of interest.” 

As I have never received a response from Wyndham, and I don’t have a copy of the timeshare contract, I don’t know if the timeshare contract has a perpetuity clause.  Does anyone else have an experience with Worldmark by Wyndham?  Is there a perpetuity clause?  Does a Disclaimer of Interest do the trick?

Does anyone have a contact for who in Worldmark by Wyndham has the authority to address this issue. My sense is that the phone at Worldmark are serviced by minimum wage workers who are fairly uninformed and will say anything to get the person on the other end of the line to end the conversation. 

I have identified a couple attorneys at  DLA Piper LLP (in Florida and Chicago) who presently represent Worldmark by Wyndham in a class action lawsuit. I wrote to ask them for who I could communicate with and they refused to say. Said, “we don’t handle that, we’ll pass on your request.”

About $5.5K has now accrued after death of deceased. 
Does anyone have any contact information for Worldmark and/ or have you experienced a Disclaimer of Interest as being sufficient to terminate the obligation?  He signs disclaimer, just the beneficiary who received all assets of the estate or all contingent beneficiaries? 

Andrekita Silva
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
ak at seattle-silvalaw.com <mailto:ak at seattle-silvalaw.com> 

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