Can You Inherit a Timeshare? Do You Have to Accept It?
You do not have to accept an inherited timeshare. Under federal law (Internal Revenue Code ยง2518) and the Uniform Disclaimer of Interests in Property Act, you can formally disclaim (refuse) an inherited timeshare within 9 months of the original owner's death, and the obligation passes to the next beneficiary or reverts to the estate. If the 9-month window has passed, you can still exit through professional cancellation.
How to Disclaim an Inherited Timeshare
- Write a formal written disclaimer stating you refuse the inherited timeshare interest
- File the disclaimer within 9 months of the decedent's death (not 9 months from when you learned about it)
- You must not have accepted any benefits from the timeshare (used points, stayed at the resort, paid maintenance fees)
- File the disclaimer with the probate court handling the estate AND send a copy to the resort developer
- The timeshare passes to the next beneficiary in line or becomes the estate's responsibility
What If the 9-Month Window Has Passed?
If you missed the disclaimer deadline or already accepted benefits (paid a maintenance fee, used points), the timeshare is now legally yours. Your options are the same as any other timeshare owner: developer deedback program, professional exit company, or attorney. The advantage of inherited timeshares is that cancellation is often easier because you never agreed to the original contract terms and never attended a sales presentation.
Common Questions About Inherited Timeshares
| Question | Answer |
|---|---|
| Can the resort force me to accept it? | No. A timely disclaimer removes the obligation. |
| Am I responsible for past-due fees? | If disclaimed properly, no. If accepted, the estate's debts may attach. |
| Can I inherit a timeshare mortgage? | Mortgage debt dies with the borrower in most cases. The lender cannot force heirs to assume it. |
| What if multiple heirs are named? | All named heirs must individually disclaim to avoid any obligation. |
Inherited a timeshare you don't want? Call (888) 530-7268 for a free assessment of your disclaimer options and exit strategy.
Related Questions
- How to Get Out of a Timeshare Without a Lawyer
- How to Get Out of a Timeshare for Free
- BBB Rated Timeshare Exit Companies: What to Look For
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