Timeshare Inheritance: Can You Refuse It?
Families often discover the real downside of a timeshare at the worst possible time: when parents are aging, money is tight, and adult children are worried they’ll be “stuck” with the bill. A recent MoneyWise story describes a family that learned the hard way. The parents bought a timeshare years ago, later fell behind, and now owe $30,000 in back fees. The parents also believe the contract was signed “in perpetuity” and that their children will automatically inherit the timeshare and the obligation to pay.
So, can you refuse a timeshare inheritance? In many cases, yes, but the details matter.
First, the key idea: debt usually doesn’t “transfer” to kids
MoneyWise explains the basic rule clearly: “Most debt cannot be inherited. Instead, it passes to the person’s estate after they die.”
That matches long-standing consumer guidance: typically, a deceased person’s debts are paid (if at all) from their estate, and family members usually don’t have to pay from their own money with important exceptions.
But a timeshare isn’t just a debt. It’s also a property interest and a contract.
A timeshare is usually a legal right to use a vacation property (or points in a program) plus a contract requiring ongoing payments like maintenance fees. MoneyWise shares common problems, including rising maintenance fees, booking limitations, and the fact that “a timeshare contract is binding.”
That’s why this topic gets confusing:
- The unpaid balance and overdue fees are typically handled through the estate process.
- The timeshare interest (the ownership/right-to-use) may be treated like an asset that can pass to heirs unless the heir refuses it properly.
Can you refuse (disclaim) a timeshare inheritance?
Often, yes. MoneyWise notes that it is possible to disclaim a timeshare inheritance. A disclaimer is a formal legal refusal to accept an inheritance and, when completed correctly and on time, it generally allows the law to treat the situation as if you never received the timeshare interest at all. Disclaiming matters because if you do not accept the inheritance, you are typically in a stronger position to argue that you should not be personally responsible for ongoing fees tied to ownership.
Common pitfalls in disclaimers of interest
Disclaimers can fail if an heir:
- waits too long (deadlines are common),
- uses the timeshare, rents it, or otherwise acts like an owner,
- signs documents that “accept” the transfer,
- mixes the inheritance with their own assets.
Because timeshares are contract-heavy and state law-driven, it’s smart to get legal advice before signing anything from a resort or management company.
When could you still be on the hook?
Even though “kids don’t inherit debt” is usually true, there are real exceptions. For example, the FTC explains you may be personally responsible if you co-signed a loan, or under certain spouse/community-property rules, or if you’re responsible for the estate and don’t follow probate requirements.
MoneyWise also flags exceptions, including co-signers and (rarely enforced) filial responsibility laws in some states for certain long-term costs.
And with timeshares specifically, liability risk can increase if:
- you were already listed as a co-owner or guarantor on the contract,
- you sign an “assumption,” “transfer,” or “estoppel” document without realizing what it does,
- you accept the timeshare as part of a larger inheritance plan without understanding the attached obligations.
Practical steps families can take now
Based on the issues raised in MoneyWise on timeshare inheritance, here’s a straightforward plan families should consider:
- Find the contract and deed (or points membership agreement).
Identify what is actually owned, who is on the paperwork, and what happens on death.
- Confirm what’s owed and to whom.
Separate the loan balance from maintenance fees, special assessments, and collections.
- Do not assume “in perpetuity” means your children automatically pay forever.
The wording matters, but enforceability and responsibility depend on the legal structure and state law.
- Talk to an attorney before signing anything.
MoneyWise notes that some firms focus specifically on timeshare problems because the contracts can be difficult and “shady.”
- If a parent passes away, be cautious with collectors and resort communications.
Debt collectors may contact relatives for certain purposes, but you still have rights and you generally shouldn’t agree to pay a debt that isn’t yours.
How our law firm can help
Timeshare inheritance problems tend to combine estate administration, contract law, and consumer protection issues. Our law firm can help you:
- review the timeshare contract and ownership structure,
- evaluate whether heirs have personal liability risks,
- coordinate with the executor during probate,
- advise on a compliant disclaimer strategy when appropriate,
- address resort demands, collection pressure, and documentation traps.
Final thoughts
If you’re worried you’ll inherit a timeshare, don’t wait until after a death occurs because deadlines and paperwork mistakes can make a hard problem worse. The good news is that, in many situations, heirs can lawfully refuse a timeshare interest and avoid becoming the next owner of a timeshare.
_____________________________________________________________________
Disclosure: This article is for general informational purposes only and does not constitute legal advice. You should consult a qualified timeshare attorney for advice specific to your situation.
Led by timeshare attorneys J. Andrew Meyer and Michael D. Finn with over 75 years of combined legal experience. The Finn Law Group is a national consumer protection firm that specializes in Timeshare Law. If you feel you need the services of a timeshare attorney, contact our law firm today at 855-FINN-LAW. Want to learn more about timeshare related issues? Follow us on X, formally Twitter.
