Death...and timeshares
Here is how it works in the real world when you die owning a timeshare.
First...my disclaimer: I'm not giving legal advice, merely telling you how it works in the real world. Also note that not all states work or operate the same way...but often the principals are the same.
If someone dies owning a timeshare deed in their own name, it goes to the Surrogate's Court (or similarly named court) for probate or administration. At some point in the process someone is named as the Executor, who has the authority to act on the assets.
There is a fiduciary duty to identify, verify and pay creditors of an estate, however...there is nothing wrong with trying to reduce those bills to maximize the amount that would go to the heirs. (It would be interesting to see if a claim of fraud about the timeshare would gain traction).
Unlike a house that may have a mortgage and equity, timeshares almost never have loans against them. Assuming they do not, in order for the timeshare operator to enforce their right, the Executor can force them to defend their claim in court. Now, for a unit that might command $1000-2000 in maintance, I cannot believe any timeshare company will hire a lawyer to try to enforce this, especially when the Executor can just offer to tend the deed back to the operator. The cost factor is far higher in their legal fees, and if the timeshare is owned by a trust, they have even greater problems and would have to likely now appear in the court of the decedent, raising their fees even higher.
If there are no real assets in the estate, all the Executor needs to do is offer the deed back....or not, forcing the operator to forclose, (why would they do that? Costs them far more).
If there are assets, only the equity is really involved. Contracts die upon death. All they can seek is the deed and/or the value. When I have seen cars on lease, the companies are delighted to simply get the car back and are more than willing to forgoe any overdue payments from the date of death on.
An earlier thread correctly stated that if someone were to be designated to inherit the timeshare they can "disclaim", no one can force you to accept an inheritance.
The fact is, the Executor has tremendous leverage to simply have the operator agree to take the deed back as the only remedy, even when there are other assets in the estate.
There are 'legal' issues, and their are 'real world' issues. Getting the operator to accept a deed back after the death of the owner, should be easy, with zero paid out for any fees, (probably even those that were currently due).