What are my options in getting rid of Diamond Resorts Hawaii Collection points?

[akihiro]

Hi I am new here. I inherited the Diamond Resorts Hawaii Collection points（10,000 per yer, but at this point, I only have 20,000 for 2024）from my father, and would like to get rid of them. Please kindly tell me the options I have, what actions I need to take to pursue those options, and what your recommendations are. English is not my native language, so I am confused by the technical terms I see here on TUG. This timeshare thing is very confusing! Please kindly guide me through this process as if guiding a child. Thank you so much for your help in advance.

 

[Mongoose]

Hi I am new here. I inherited the Diamond Resorts Hawaii Collection points（10,000 per yer, but at this point, I only have 20,000 for 2024）from my father, and would like to get rid of them. Please kindly tell me the options I have, what actions I need to take to pursue those options, and what your recommendations are. English is not my native language, so I am confused by the technical terms I see here on TUG. This timeshare thing is very confusing! Please kindly guide me through this process as if guiding a child. Thank you so much for your help in advance.

Is your name on the title?

 

[CalGalTraveler]

If your name is not on the account you can reject the inheritance of Diamond Collection Points before it transfers to you. You should not have to pay to dispose of it.

Are you or was your father based in the USA? If not they probably can do nothing if you reject it.

You would need to have the executor of his will write a letter to Diamond resorts and to the county where the Diamond Trust Points are filed stating that you are rejecting the inheritance of the Diamond Hawaii Collection Points from the will and that the estate can sign the necessary paperwork to deed it back to Diamond at no fee. Otherwise, they can foreclose and take back the property with no fees to the estate or to you. You should speak to a US lawyer to help you write this because we are not lawyers.

 

[akihiro]

Is your name on the title?

No, it is still under my father's name.

 

[akihiro]

If your name is not on the account you can reject the inheritance of Diamond Collection Points before it transfers to you. You should not have to pay to dispose of it.

Are you or was your father based in the USA? If not they probably can do nothing if you reject it.

You would need to have the executor of his will write a letter to Diamond resorts and to the county where the Diamond Trust Points are filed stating that you are rejecting the inheritance of the Diamond Hawaii Collection Points from the will and that the estate can sign the necessary paperwork to deed it back to Diamond at no fee. Otherwise, they can foreclose and take back the property with no fees to the estate or to you. You should speak to a US lawyer to help you write this because we are not lawyers.

Thank you for your quick reply.

My name is not on the account, and my father was not based in the States, but was just planning to go there on vacations. He passed away before using it even once.

We have a U.S. lawyer working with us with different matters, but she mentioned nothing about what you just told me. I didn't think we have the option to reject it. I will check with her.

By the way, among other options, are you suggesting that rejecting it would be the best option? Should I not try to sell it? I know that others mentioned about how there is no resell value in what we own, but just wanted to check.

Thank you for your kind reply in advance.

 

[4TimeAway]

If you don't want it. Don't take it. Don't try to sell it. Don't touch it.

If someone in the family wants it, give it to them. If not, give it back.

Seek legal counsel, but if there's even $1,000 of value, your time and attorney costs will far exceed it. What's the point?

 

[CalGalTraveler]

Sorry to hear about your father's passing. I am sorry to hear that he never used this once. If Diamond claims that he must pay $1000 to transitions program for paperwork ignore it. Do nothing to take ownership on this account or pay money to Diamond. The US has a 3 year statute of limitations. If you pay ANY money to Diamond it restarts the 3 year clock and may implicate you as an owner.

This account is not yours and you need your lawyer to renounce ownership (write a letter) of this portion of the inheritance to Diamond and to the probate court in the county where the Diamond Land trust resides.

Since he was not based in the USA and you are not here, if you do nothing, ignore all the threats and letters, it will fall in to foreclosure and they will take it back without costing you a penny. Best not to talk or write to Diamond/Hilton Vacation Club because they may interpret as you objecting to foreclosure. (see below for Florida law)

Most estate lawyers are unfamiliar with timeshare law. Please share this link below with your lawyer if you decide to get legal advice. If the Diamond Collection trust is based in Florida: This link is for deeds and land trust are unproven in the US law.

Florida – FL, inaction or non-objection results in estate, anti-deficiency foreclosure, but objection leads to judicial, deficiency action: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0721/0721.html
https://www.flrules.org/gateway/ChapterHome.asp?Chapter=61B-37

Links to Official State Timeshare Laws and Guides/Manuals

@TUGBrian @DeniseM @CalGalTraveler take a look. This weekend, I’m creating a spreadsheet with official links to states’ timeshare laws, as well as their statuses as to non-judicial, anti-deficiency foreclosures. In the meantime, I will just keep adding notes. * Legal Disclaimer: This list...

tugbbs.com

Datapoints: Given you live internationally they cannot report you on a US Credit report. So very unlikely they can take any action against you - especially since you are not the owner on the timeshare. Same with your father's estate. the estate does not need to apply for credit anymore so does not matter.

(The "1" below was probably a US resident.)

[ 2022 ] Timeshare Default Credit Report/Collection Tracking

Two more data points

tugbbs.com

Please report back to us what happens to pay it forward to others.

Good luck.

 

[Mongoose]

No, it is still under my father's name.

Sorry for your loss. You can't be forced to accept someone else's debt. Seek legal adivce, but maybe start just by informing them, your father passed on.

 

[CalGalTraveler]

Sorry for your loss. You can't be forced to accept someone else's debt. Seek legal adivse, but maybe start just by informing them, your father passed on.

Is anyone else on the Diamond account? (hopefully not)

If you contact, be careful. Diamond may lie to you. If you write or call, tell them your father has passed, you do not own the account and everyone rejects the the inheritance of this timeshare. Do not give them your phone number because bill collectors will call. They cannot do anything - barking dogs but no bite.

Be aware they may say things that are not true to scare you or the estate into paying or accepting ownership or objecting to foreclosure. It is all lies. You have NO objection to foreclosure and given that it is not your debt or property and your father has passed, there is no one that owns it anymore.

You are also international so there is nothing they can do.

 

[TUGBrian]

you have been given good advice here. be sure to inform DRI of the passing of your father and that as the executor of his estate you wish to willingly surrender it back to them.

they may or may not attempt to charge you a fee for this surrender, and you may or may not choose to pay it to be done with it.

 

[HudsHut]

@akihiro
I am very sorry for your loss.

Unfortunately, Diamond points have no resale value because Diamond puts restrictions on resale buyers.

On Ebay, I found the following account which sold on July 28, 2023 for $1.
Declining the inheritance is your best option.

DIAMOND BY HILTON HAWAII COLLECTION 21,500 ANNUAL POINTS TIMESHARE FOR SALE !!! | eBay

Find many great new & used options and get the best deals for DIAMOND BY HILTON HAWAII COLLECTION 21,500 ANNUAL POINTS TIMESHARE FOR SALE !!! at the best online prices at eBay! Free shipping for many products!

www.ebay.com

 

[geist1223]

As everyone has said no one can be forced to inherit a Timeshare. Just have the American Attorney write a letter to Diamond and the Court rejecting this property. Do not pay Diamond a Penny. Do not respond to any letters or telephone calls from Diamond or any collection company.

 

[akihiro]

If you don't want it. Don't take it. Don't try to sell it. Don't touch it. If someone in the family wants it, give it to them. If not, give it back. Seek legal counsel, but if there's even $1,000 of value, your time and attorney costs will far exceed it. What's the point?

Thank you for so much for your comment. I see your point and I agree.

 

[akihiro]

Sorry to hear about your father's passing. I am sorry to hear that he never used this once. If Diamond claims that he must pay $1000 to transitions program for paperwork ignore it. Do nothing to take ownership on this account or pay money to Diamond. The US has a 3 year statute of limitations. If you pay ANY money to Diamond it restarts the 3 year clock and may implicate you as an owner.

This account is not yours and you need your lawyer to renounce ownership (write a letter) of this portion of the inheritance to Diamond and to the probate court in the county where the Diamond Land trust resides.

Since he was not based in the USA and you are not here, if you do nothing, ignore all the threats and letters, it will fall in to foreclosure and they will take it back without costing you a penny. Best not to talk or write to Diamond/Hilton Vacation Club because they may interpret as you objecting to foreclosure. (see below for Florida law)

Most estate lawyers are unfamiliar with timeshare law. Please share this link below with your lawyer if you decide to get legal advice. If the Diamond Collection trust is based in Florida: This link is for deeds and land trust are unproven in the US law.

Florida – FL, inaction or non-objection results in estate, anti-deficiency foreclosure, but objection leads to judicial, deficiency action: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0721/0721.html
https://www.flrules.org/gateway/ChapterHome.asp?Chapter=61B-37

Links to Official State Timeshare Laws and Guides/Manuals

@TUGBrian @DeniseM @CalGalTraveler take a look. This weekend, I’m creating a spreadsheet with official links to states’ timeshare laws, as well as their statuses as to non-judicial, anti-deficiency foreclosures. In the meantime, I will just keep adding notes. * Legal Disclaimer: This list...

tugbbs.com

Datapoints: Given you live internationally they cannot report you on a US Credit report. So very unlikely they can take any action against you - especially since you are not the owner on the timeshare. Same with your father's estate. the estate does not need to apply for credit anymore so does not matter.

(The "1" below was probably a US resident.)

View attachment 82266

[ 2022 ] Timeshare Default Credit Report/Collection Tracking

Two more data points

tugbbs.com

Please report back to us what happens to pay it forward to others.

Good luck.

Thank you for so much for your comments and information.

I am a bit confused about your comments regarding FL laws as I believe Diamond Resorts was headquartered in LV, and I am not sure where Hilton is at (DC?). Or does FL law apply to all states?

I am also not sure about how to interpret the interesting chart you shared with me. I am not even sure what it is about from the first place.

Thank you in advance for further clarification.

I will contact my US lawyer in the next few days, once I collect the necessary information.

Yes, I will keep posting what happens till I resolve this issue.

Thank you again.

 

[akihiro]

Sorry for your loss. You can't be forced to accept someone else's debt. Seek legal adivce, but maybe start just by informing them, your father passed on.

I will contact our lawyer and go from there. Thank you.

 

[CalGalTraveler]

@akihiro The lawyer should look at the timeshare laws in the state where the timeshare land trust is located. If not Florida, then s/he can look it up from that link.

Your lawyer will know what to do.

 

[akihiro]

Is anyone else on the Diamond account? (hopefully not)

If you contact, be careful. Diamond may lie to you. If you write or call, tell them your father has passed, you do not own the account and everyone rejects the the inheritance of this timeshare. Do not give them your phone number because bill collectors will call. They cannot do anything - barking dogs but no bite.

Be aware they may say things that are not true to scare you or the estate into paying or accepting ownership or objecting to foreclosure. It is all lies. You have NO objection to foreclosure and given that it is not your debt or property and your father has passed, there is no one that owns it anymore.

You are also international so there is nothing they can do.

@akihiro The lawyer should look at the timeshare laws in the state where the timeshare land trust is located. If not Florida, then s/he can look it up from that link.

Your lawyer will know what to do.

No, my deceased father is the only one on the account.
I will be careful. Thank you.
Can you kindly tell me a bit about the "datapoint" chart you sent me previously as I have no idea what it was about?
Thank you.

 

[akihiro]

@akihiro The lawyer should look at the timeshare laws in the state where the timeshare land trust is located. If not Florida, then s/he can look it up from that link.

Your lawyer will know what to do.

Well noted. Thank you again.

 

[akihiro]

you have been given good advice here. be sure to inform DRI of the passing of your father and that as the executor of his estate you wish to willingly surrender it back to them.

they may or may not attempt to charge you a fee for this surrender, and you may or may not choose to pay it to be done with it.

Well noted. Thank you.

 

[akihiro]

@akihiro The lawyer should look at the timeshare laws in the state where the timeshare land trust is located. If not Florida, then s/he can look it up from that link.

Your lawyer will know what to do.

Well noted. Thank you again.

 

[akihiro]

@akihiro
I am very sorry for your loss.

Unfortunately, Diamond points have no resale value because Diamond puts restrictions on resale buyers.

On Ebay, I found the following account which sold on July 28, 2023 for $1.
Declining the inheritance is your best option.

DIAMOND BY HILTON HAWAII COLLECTION 21,500 ANNUAL POINTS TIMESHARE FOR SALE !!! | eBay

Find many great new & used options and get the best deals for DIAMOND BY HILTON HAWAII COLLECTION 21,500 ANNUAL POINTS TIMESHARE FOR SALE !!! at the best online prices at eBay! Free shipping for many products!

www.ebay.com

View attachment 82270

Thank you! This is great information. I never doubted but it shows that what has been said here are all true. What a crazy business these timeshare companies and resell companies are running! Hard to believe it is real...

 

[akihiro]

As everyone has said no one can be forced to inherit a Timeshare. Just have the American Attorney write a letter to Diamond and the Court rejecting this property. Do not pay Diamond a Penny. Do not respond to any letters or telephone calls from Diamond or any collection company.

Well noted. Thank you!

 

[CalGalTraveler]

Thank you! This is great information. I never doubted but it shows that what has been said here are all true. What a crazy business these timeshare companies and resell companies are running! Hard to believe it is real...

Resale timeshares are a good deal if you own other systems such as Hilton Grand Vacations (HGVC a different division/product of HGV), Vistana (Westin, Sheraton) which are less restrictive with resale. The timeshares are well run and make for economical vacations.

Unfortunately, Diamond and a few others put so many restrictions that there is little value for resale buyers rendering them worthless.

I hope your father didn't spend much for his ownership. Did he have a mortgage? It is good news he is the only person on the account. The datapoints I sent under prior post are experiences of others who have walked away from paying on their timeshares. You are based internationally, the account is not in your name (or any of your living loved one's) names so the odds of a credit report drop are almost non-existent other than to the estate - but the estate is not applying for any more credit so it would not matter. The legal cost and effort of recourse internationally outweigh any potential recovery.

Do not spend too much on your U.S. lawyer. Have them write a letter that there is no inheritance claim to the timeshare so the estate has no objections to Diamond deeding back the trust deed or foreclosing and taking back the ownership. Do not pay Diamond/Hilton Vacation Club (HGV) a dime or they may claim in court that you are responsible. Don't let them lie to you that you are liable or there are major consequences. Your name is not on his ownership and they cannot force you to take his debt. The fact that his name was the only one on the account is a gift for you to exit. Share this thread with your lawyer.

 

[pedro47]

To the OP, first welcome to the TUG website.

Please share CalGalTraveler last post with your lawyer and good luck.

 

[akihiro]

Resale timeshares are a good deal if you own other systems such as Hilton Grand Vacations (HGVC a different division/product of HGV), Vistana (Westin, Sheraton) which are less restrictive with resale. The timeshares are well run and make for economical vacations.

Unfortunately, Diamond and a few others put so many restrictions that there is little value for resale buyers rendering them worthless.

I hope your father didn't spend much for his ownership. Did he have a mortgage? It is good news he is the only person on the account. The datapoints I sent under prior post are experiences of others who have walked away from paying on their timeshares. You are based internationally, the account is not in your name (or any of your living loved one's) names so the odds of a credit report drop are almost non-existent other than to the estate - but the estate is not applying for any more credit so it would not matter. The legal cost and effort of recourse internationally outweigh any potential recovery.

Do not spend too much on your U.S. lawyer. Have them write a letter that there is no inheritance claim to the timeshare so the estate has no objections to Diamond deeding back the trust deed or foreclosing and taking back the ownership. Do not pay Diamond/Hilton Vacation Club (HGV) a dime or they may claim in court that you are responsible. Don't let them lie to you that you are liable or there are major consequences. Your name is not on his ownership and they cannot force you to take his debt. The fact that his name was the only one on the account is a gift for you to exit. Share this thread with your lawyer.

Thank you. No, he did not have a mortgage.

Please allow me to provide more information about the situation I am in. My father actually passed away in 2020, so it has been about three years. During those three years, I never changed the name as an owner of the points, but did change email address, mail address, etc. so that I can have access to his account, bills, etc. as one of the two sons he had. And not knowing what to do, I kept paying the annual fees, up to this point. (And we never used the points because we could not afford to go to Hawaii.)

That being said, would this information change anything you or others have said in this thread? Would that make it difficult for us to handle this situation? I am sorry for not disclosing this piece of information earlier. I thought it may not matter...

Your further input is greatly appreciated. Thank you in advance.

(typing in a crowded commuter train in Tokyo, Japan. )