Legal Question in Real Estate Law in California
time share ownership / owner deceased
My mother, a california resident (now deceased 8 years) apparently owned a 50% interest in a california time share. Someone (don't know who or why) has been paying the monthly ''maintenance fee'' for the right to use the property. That person has stopped. The time share wants someone to continue paying. The estate has no assets except (apparently) a time share. Don't want to pay, don't want to own. What are our options?
2 Answers from Attorneys
Re: time share ownership / owner deceased
Well, I would start by contacting the source of the bills and telling whoever answers to phone or responds to your letter exactly what you've told LawGuru. There may be a resale market, in which case communicating with the timeshare operator would be a logical first step to finding out how to contact potential buyers, either directly or through a broker.
Also, if you at least have a name for the timeshare project, maybe you can find out something about it or its operator on the Web.
You should also find out from whomever you can contact whether, if there is no resale, an owner can simply elect to forfeit his/her/its interest without further liability. I would expect so, but one never knows whether there is some charge or other for which the timeshare management would pursue a legal action against a defaulting owner.
Re: time share ownership / owner deceased
Time shares are a unique contractual liability. I would review the contract and make necessary contacts to resolve the matter. Call me directly at 6192223504.
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