Can Heirs Be Responsible?

[Ted Saselli]

My 80 year old father-in-law joined a membership camping club in Washington State many years ago. He is required by contract to pay yearly maintenance fees. The following is one of the provisions of the contract:
"The Agreement shall benefit and be binding upon the heirs, executors, administrators, successors, assigns, and transferees of the respective parties hereto."
My question: when my father-in-law passes, can his heirs be legally responsible for the maintenance fees? He does not have a spouse and his heirs are his three living daughters.
Thanks in advance.
Ted/

 

[advisor10]

3-11-2002

DEAR TED:

Of course the heirs can be held responsible. That's what the contract says.

If the heirs don't want to be responsible for these fees (how much are the fees?), then review the contract to see what the terms are for cancellation. If you can't find any terms for cancellation, then take it to a business law attorney to find out what you can do. Also discuss this matter with your father-in-law to find out what he intends to do about this (have his intentions about the cancellation made in writing, or have the membership terminated now if he is no longer interested in maintaining it).

SINCERELY,

advisor

 

[Ted Saselli]

Dear Advisor,
Keeping in mind that I know very little about probate law, I am having difficulty believing that an heir, who was not a signatory party to the membership contract, can be responsible for the provisions of that contract. What am I failing to see?
Cordially,
Ted

 

[advisor10]

3-12-2002

DEAR TED:

Naturally you are having a hard time believing that--it is only common sense to think that way. However, I'm sure you realize that sometimes laws are not based on common sense.

Even though it seems improper that heirs would be bound by this contract even though they didn't sign, there is a chance that it just MIGHT be legal--that is why the only way you will get a definite answer to your question is to take the contract to a business law lawyer--they specialize in contracts and can tell you whether or not it is legal in that state. It is a matter of business law, NOT probate law. Better to find out now than after your father-in-law dies--even if he does, what do you all intend to do about these fees? Ignore paying them or continue to pay them?

 

[Ted Saselli]

Advisor,
Thank you very much for your responses. I appreciate your time and concern.
Looks like the family will have to have a sit-down Pow Wow and discuss this matter at length. And we most likely will need to consult a lawyer versed in business law as you suggested.
Thank you again,
Ted