Mother/father purchased hilton timeshare - dad's will left everything to mother - brother was executor of his will. Mother passed without a will - is brother responsible for this timeshare and the yearly tax payments>

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Originally Posted by sporticus

is brother responsible for this timeshare and the yearly tax payments>

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Hello sport:

No, your mother's estate is. If you AND brother inherit the property, you're BOTH responsible for the bills.

excon

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Originally Posted by excon

Hello sport:

No, your mother's estate is. If you AND brother inherit the property, you're BOTH responsible for the bills.

excon

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Are we responsible for this expense until we can find some idiot to buy it?

Hello again, sport:

You can always let the time share company take it back. If the estate has NOTHING, then even if they sue, there's nothing to get.

excon

THANKS Excon - would I need an attorney to prove there is nothing in the estate? By the way, are you in the legal profession? Again, thanks for your responses.

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Originally Posted by sporticus

... would I need an attorney to prove there is nothing in the estate? ...

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You are the brother = executor? Have you filed with the court to probate the father's will? If not, you are not officially the executor.

But in any case, no you don't need an attorney unless someone sues you personally. You don't need to "prove" there is nothing in the estate, especially if you haven't been appointed executor by the court. Simply tell them that and, if they sue, the burden is on the plaintiff to prove what asset they think there is.

BTW, you say "... there is nothing in the estate", you need to specify which estate you are talking about, the father's or the mother's.

Obviously there IS something in the estate, the timeshare for one. If the timeshare was held by both parents as joint with right of survivorship, then it passed to your mother outside the estate, but is part of her estate.

If the property was inherited by you and your siblings under the inheritance laws of your state, then you and your siblings would be responsible for paying for the property or you could decide to default on the property and have the time share company take it back. Since they can usually resell it, they would probably be willing to do so.

Thanks Scottgem - think we're going to try the 'default' - the taxes are over $1,000 annually and the program is so complicated, we've not used it.
Thanks again for your response.
Have a great day