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Even though timeshare are presented as a property you will own with many benefits, it is actually a residence in which the tenant does not have the right of the entire property, is timeshare a good investment? Only has the right to occupy the property for a specific period of time every year, and there are many other owners of the same unit.
This is stated in a contractual agreement that the owner signs with the company or resort that manages the property.
In this way, the right of the property reaches out beyond the death of the original owner, unless the timeshare contract says otherwise.
What happens to your timeshare when you die? In general, a timeshare contract is written similarly to other types of real estate contracts for partial concession of the property of a tenant.
Unlike a lease, which can be terminated when the tenant dies. In the case of a timeshare, it can be inherited by family members.
Many people come for consultation and ask how to get rid of their parent's timeshare, and the most common: "am I responsible for deceased parent timeshare maintenance fees?"
However, a timeshare contract may have clauses that declare the timeshare unit will be returned to the property management company or resort where it was bought or rented from, above the owner's death. Although it does not always end up like this. These cases are really rare.
Some other timeshare contracts specify a joint ownership in the clauses. This means that more than one person, for instance, if you are the owner, this means you and your wife or you and your child will be both the legal timeshare owners.
In this case, what happens to your timeshare when you die is that the other person stated in the contract as owner get the full ownership of the timeshare.
In such a case, the timeshare property will not be legalized along with the rest of the deceased property.
Succession process: if a timeshare does not specify a joint ownership with another person in the contract, then, after the owner's death, the timeshare will enter into a succession process.
This means that the unit will be passed on to someone else according to the terms of the deceased owner, or what he or she may have stated in a legal document that specifies that they will inherit their property to someone.
Then, a judge in probate court will specify who is the full owner of the timeshare property.
A number of different state laws related to inheritance, real estate, and more specifically related to timeshares, can also influence a judge's decision about who owns the timeshare when the original owner dies.
As a consequence, a person who wants to be sure of what happens to your timeshare when you die should consult with an attorney or an experiences professional in estate planning and contract law or a similar one.
A common question also asked by the children of deceased timeshare owners is: how to get rid of my parent's timeshare? As a result of a known bad experience with the ownership.
How to Get Rid of my Parent's Timeshare?
We know owning a timeshare can be one of the most undesirable inheritances you can receive. Mexican resorts, especially, make this a headache and rip off your pockets with the monthly fees.
In the contract, they don't stipulate that such payments will increase and will add up some other fees.
This is a fraudulent tactic from salespeople in order to sell and cover the reality of being a timeshare holder.
As this Kip linger article points out, leaving a timeshare to a loved one can do more damage than benefit to their finances.
Often, people complain about timeshare in the fees, and when a parent leaves a property to a family member, the child who inherited the property asks: am I responsible for deseased parent timeshare maintenance fees? And the answer is yes.
In the same way that your deceased parents used to cover their timeshare monthly payments, you, by inheriting it, have the same responsibilities as an owner.
This is why we previously commented that if you own a timeshare ownership is not recommended to pass it to your relatives. Cancelling is suggested since it is a legal way to end the contract.
The best option is to cancel the timeshare contract. It is the fastest and free of scam. We would not suggest you try in the resale market, since this is known to be as fraudulent as timeshare rentals.
Are you looking for help in how to get rid of your parent's timeshare? Do you need to terminate a timeshare contract? Contact us here and get a free consultation.
No up-front fees. We assure we can help you to cancel an undesired ownership in a legal way.
To receive more information about how to get rid of your parents timeshare, send a WhatsApp to +52 333 239 6589, fill in the form in the contact section or call us at +1 714 277 3662.
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