BY ILYCE GLINK Tribune Media Services

Q: My dad passed away recently and now my mother is the sole owner of a timeshare in Florida. We have tried to sell it, give it back to the company and donate it, all to no avail. We live in New Jersey.

Is it true that the deed states that she owns it “in perpetuity?” The document that they received when they bought the timeshare states that the timeshare “benefits and obligations hereunder shall inure to and be binding upon the heirs, executors, administrators, successors and assigns” of my parents.

Does that mean that her children will still be liable for the timeshare fees and maintenance when she dies?

A: Unless your parents put your name on the deed to the timeshare property in Florida, you will not be held responsible for the timeshare when your mom dies.

A person who buys a timeshare becomes responsible for all fees associated with the purchase. When buying timeshares in developments, people often focus only on the upfront cost, forgetting that they will have to pay the development’s annual fees and dues.

As the economy has been in a prolonged period of uncertainty, many people have shied away from various types of spending, including timeshares. If your mother’s timeshare participates in a hotel program that allows buyers to exchange the use of the timeshare for points, your mom may consider doing that, especially if neither she nor anyone else in the family uses the timeshare. Check with the timeshare company to determine what her options are short of selling it.

While getting points in a hotel program doesn’t solve your problem in the long run, in the short term it may give your family something it can use elsewhere or for other things while you sort through the situation.

Looking ahead, if you don’t want the timeshare at the time your mom dies, you can elect not to accept that inheritance. Just because your mother has indicated that you should receive something from her estate, doesn’t mean you have to accept it.

If no one accepts the timeshare at the time of her death, her estate would continue to own it, and it would become a liability for her estate. If she has assets in her estate at the time of her death, the executor of her estate may have to use those assets to continue payments on the timeshare.

That’s where the language in that deed comes into play. When your mom dies, her estate becomes responsible for the timeshare as her “successor.” That language does not put you in the middle of debts and obligations that your parents might have incurred.

It would be wise for all of you to sit down with the person that prepared her will or an estate planner to determine what you should do with the timeshare at the time of her death.

For the time being, your options include: continuing to use the timeshare; pursuing options to trade the timeshare use on a yearly basis; and advertising the timeshare for sale through the development’s management company, Craigslist and other vacation sale sites, and even a real estate broker in your area.

In some locations, selling a timeshare can be difficult in this market, but review your options now and see if any other ideas pop up.

Contact Glink through her website, www.thinkglink.com.