Do your children have to assume a deeded timeshares legal responsibilities after the parents death?

UPDATED: Oct 2, 2022

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Do your children have to assume a deeded timeshares legal responsibilities after the parents death?

We own a deeded timeshare that has been difficult and expense to exit or resale,
and none of our children wish to assume the ownership after our passing.

Asked on August 11, 2019 under Real Estate Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, they do not have to do assume the timeshare's legal responsibilities. Neither contracts (agreements to do or pay something) or debts/obligations are inherited. If you owe money to the timeshare when you pass, the timeshare company could try to sue or claim against your "estate" (what you leave behind) and could potentially take money that would otherwise be available for your children to inherit, but that's the limit of what they can do: they cannot make your children pay out of pocket or take over the obligation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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