A timeshare can seem like a minor detail in an estate plan, but its assessments do not stop when the owner dies. Heirs who never wanted the property can end up owing fees or facing a lien. This article covers why a timeshare needs planning, what Florida law says about the assessments, and steps that help keep the obligation off the wrong person.
Why a Timeshare Does Not Disappear at Death
The right to a devise generally vests at death, so a timeshare passes through the estate like any other asset. The personal representative must manage and protect it until it is sold, distributed, or resolved.
A will that leaves “all real estate,” or the residue, to the children can quietly place a timeshare in the same stream as far more desirable property. Naming a beneficiary does not make the assessments disappear, and an owner cannot avoid them simply by not using the property.
What the Law Says About Assessments and Disclaimers
Florida’s timesharing statute requires disclosures explaining that assessment obligations continue while an interest is owned and that an heir who inherits it becomes responsible for the payments. A successor is also jointly and severally liable with the predecessor for assessments unpaid as of the transfer date.
A beneficiary who does not want the timeshare may consider a disclaimer, but this redirects the interest rather than erasing it. Unless the will or trust says otherwise, the disclaimed interest passes as though that beneficiary died first, which can send the timeshare to that person’s own children instead.
Address the Timeshare Before It Becomes a Problem
Bring the deed, purchase contract, current assessment statement, and loan documents to the planning conversation, and ask beneficiaries whether anyone wants the timeshare. Resolving it during the owner’s lifetime is often more manageable, since a developer is typically more willing to process a surrender while the owner can sign directly. If the timeshare stays in the plan, a specific, conditional gift, paired with authority for the personal representative to sell or negotiate an exit, works better than a silent fall into the residuary estate. At Wickersham & Bowers, we help Florida families think through these choices before an unwanted obligation becomes the next generation’s problem. Call us at 386-252-3000 or contact us to talk through your options
