Absolute Trust Talk

202: Estate Planning Misses: The Timeshare Problem No One Talks About


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That timeshare you've been putting off dealing with? It could become a probate headache for your family. In this episode of Absolute Trust Talk, managing attorney Kirsten Howe breaks down the two types of timeshares — traditional deeded ownership and modern points-based systems — and explains why both need to be addressed in your estate plan.

She walks through what's involved in transferring a timeshare to your revocable living trust, why it matters to act while you're alive, and what really happens when a timeshare is left unaddressed after someone dies — including the possibility of probate in multiple states. Plus, she covers your real options for getting out of a timeshare and the scams to watch out for along the way.

Time-stamped Show Notes: 0:00 Introduction 0:43 To get things started, Kirsten highlights why timeshares matter in estate planning. 1:15 What is a timeshare? Deeded real estate ownership that is shared with other families. 2:38 Points-based timeshares are a modern alternative in which you purchase annual points rather than owning real estate. 3:18 Transferring a timeshare to your revocable living trust requires contacting the resort company and retitling the property. 4:44 Did you know? When your timeshare is in Florida, Hawaii, or another state, you need a deed prepared by someone licensed in that state. 5:30 The big miss: What happens when clients put off dealing with their timeshare, and it's left unaddressed after they die? 7:10 Even if your California trust is set up perfectly, out-of-state timeshare real estate can trigger probate in each jurisdiction. 8:15 The other miss: Why many clients say buying the timeshare was the real mistake—rising fees, declining use, and no easy way out. 9:53 Your exit options: give-back programs, selling on the resale market, and why you probably won't recoup your original investment. 10:58 Unsolicited calls offering to help you get rid of your timeshare are a red flag. 11:15 The charity myth: why donating your timeshare to charity isn't the easy solution people think it is.

Take the Next Step in Your Estate Planning Journey

If this episode resonated with you, we'd love to help you with your own estate planning needs in California. Schedule a complimentary discovery call with our team at Absolute Trust Counsel. During this no-obligation conversation, we'll:

  1. Learn about your unique situation and goals
  2. Answer questions about our services
  3. Determine if we're the right fit to work together

Visit https://absolutetrustcounsel.com/scheduling/ or call 925-943-2740 to schedule your free discovery call today.

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Episode Credits: The Absolute Trust Talk podcast is brought to you with the help of Q2Mark, led by Chief Marketing Officer Susie Hays. Since 2016, Q2Mark has partnered with Absolute Trust Counsel on all marketing communications—from brand development and website design to this podcast series with over 192 episodes, social media management, video production, and more. If you're business owner looking for comprehensive marketing support, visit Q2Mark.com.

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Absolute Trust TalkBy Kirsten Howe: Attorney and podcaster

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