QUESTION

Do I still have to pay the fees owed to a time share?

Asked on Oct 27th, 2013 on Bankruptcy - North Carolina
More details to this question:
When my father passed away I assumed the responsibility of the maintenance fees for the timeshare. I owe them since 2008. My mother received a letter asking her to sign them and send them back because they had left the Jr. off of my name on the legal papers. I received a letter of collections for the fees owed. Do I have to pay them? My father died in 2003. The timeshare is in Wisconsin.
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1 ANSWER

Why are you paying fees for a timeshare? You indicate that your father died. Did your father have a will? If so, to whom did the timeshare go? If the timeshare passed to your mother, then it is her responsibility to pay the fees. Your post otherwise makes no sense. Why would a timeshare company send correspondence to your mother that relates to you and your name and ask her to sign something about your name? Was the timeshare company aware of the fact that your father died? They may have been confused if you were a "Jr." and they kept getting payments. You need to speak to a real estate lawyer who handles timeshare law in Wisconsin. However, its my view that if there is no contract between you and the timeshare company and you did not inherit the timeshare, then you have no duty to keep paying the fees. If that is the case then you need to send a dispute letter to the collection agency and explain that you have no legal duty to pay these fees and that you are disputing the debt. Demand that the timeshare company produce validation/verification of your financial responsibility for the debt.
Answered on Oct 31st, 2013 at 8:13 AM

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