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Comment by gitfan86 | Hacker News Reader

Anyone can make a claim against an estate. But there is a deadline usually 6 months to a year after the death where the estate can be closed. Even when someone makes a claim the executor of the will can tell a judge that they don't think the claim is valid. So it comes down to the timeshare company needing to know about the death and filing a claim quickly enough and a judge accepting the claim as valid.

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Its not an existing debt. its a periodic obligation which creates a new debt on a reoccurring schedule tied to heritable real property, similar to (and often literally) an HOA fee, so to avoid it you have to actively stop the property from being inherited the way it usually would be, the timeshare conpany doesn't need to make a claim against the estate.

If the property gets inherited, then wouldn't any obligation for maintenance payments exist purely as an encumbrance on the property? Like if the claim to the property is transferred via operation of law or even deed of executor, the recipient hasn't entered into any contract to make ongoing payments. Meaning if they don't pay, the worst that can happen is the property gets foreclosed upon? Or is there some other legal aspect I'm missing?

Depends on state law, they may be able to get a judgement against you for costs incurred above the foreclosure value, and it may depend on the type of foreclosure procedure if judicial and non-judicial are available; similar to how in some states a mortgage lender can get a judgement for the load balance and costs above the foreclosure auction value.

I'm guessing a timeshare foreclosure shows up on credit reports, and in the period between when they figure out you're not likely to pay and when they file for foreclosure, that you're past due on those payments will likely also show up, and I'm sure they'll try to convince you to pay.

I know it's going to be highly dependent on state law, and I'm sure at least one state in the union has some kind of backwards law facilitating the inheritance of debts. I'm asking about general concepts, because it feels like a lot of the lay advice plays loose with the actual semantics. For example, there is a Nerdwallet article linked above that says you might want to file a disclaimer of interest. But the disclaimer of interests I'm familiar with mean estate law continues to operate as if you have already passed away - meaning the same dynamic would just land in the laps of your greater family.

The mortgage framing is really the same question - can a mortgage lender get a judgement for loan balance and costs above auction value from someone who didn't sign the mortgage note? Let's say you're transferred a claim to a mortgaged piece of real property through operation of estate law, deed of executor, or even deed from the living owner. Are you somehow obligated for the entire amount of the loan, beyond your desire to not have your interest foreclosed upon?

Talking about social credit reports is a bit of a red herring. If it isn't a valid debt, then it wouldn't be legitimate for someone to add it to the financial surveillance records about you. And yes I know these timeshare operations are quite adept at using extralegal pressure to goad people into doing foolish legally-binding things, but I'm talking about what's strictly legal.

It's a bit different for a mortgage. You can't transfer a property with a properly recorded mortgage without approval of the lender. So in an inheritence situation, the person who inherits the house should contact the mortgage and get the terms.

My understanding is that timeshare expenses are like HOA expenses, it's not exactly a contract, it's an encumberence on the property. The owner of the property has duties, whether they want them or not, by virtue of being the owner, not because they agreed to the situation. (Of course, it would hopefully be made clear to you that it's a non-negotiable encumberence before you accept ownership)

> But the disclaimer of interests I'm familiar with mean estate law continues to operate as if you have already passed away - meaning the same dynamic would just land in the laps of your greater family.

There's kind of two options here; maybe someone in the greater family wants it, in which case, their pain. If nobody wants it, I think there's some default end for property with no known heirs, and if everyone disclaims it, that's where it goes.

How is the timeshare company ever going to get money once the estate is closed?

The person who singed the agreement is dead and there is no estate to sue.

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