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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I divorced my late wife 25 years ago and I signed a quit

Customer Question

i divorced my late wife 25 years ago and I signed a quit claim deed to a time share; she apparently did mot pay dues etc..she died several years ago and I am now being harrast by the time share to pay thousands of dollars in back fees. they claim my name is ***** ***** deed. i live in ma and the time share is in florida s i am unable to go to the toen deed office
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: fl
JA: Has any paperwork been filed?
Customer: by me?
JA: Anything else you want the lawyer to know before I connect you?
Customer: fl
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Infolawyer replied 9 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 9 months ago.

If you deeded it to her and were no longer an owner, I see no basis for their claim for payments.

On her passing, her estate would take over the debt, so the creditor should be pursuing her estate, not you

Expert:  Infolawyer replied 9 months ago.

I assume when you deed it over, this was permitted by the time share contract.

Customer: replied 9 months ago.
I don't remember any contract. This was supposed to handled by here divorce lawyer
Customer: replied 9 months ago.
I'm 89 and on low fixed income. I can't afford further charges
Expert:  Infolawyer replied 9 months ago.

You can raise that with them and they should be pursuing your ex, not you, as you transferred title, are not the owner, and have no assets they can reach.

Expert:  Infolawyer replied 9 months ago.

Kindly let me know if that is fast and acceptable.

Customer: replied 9 months ago.
No
Customer: replied 9 months ago.
My ex is dead. You're giving mixed answers. Please refund my money.
Expert:  Infolawyer replied 9 months ago.

I am not giving mixed answers. From what you provided your ex would be liable. If ex passed, the estate is liable. If estate has no assets, the creditor cannot collect and has to close the account, normally taking back the time share.

Expert:  Infolawyer replied 9 months ago.

Is that clearer? If you have any follow up, please reply and ask.

Expert:  Infolawyer replied 9 months ago.

awaiting your reply, thanks.