Hilton HHonors - Hilton HHonor's Points in Will

I thought I posted this question once before but cannot find it. (I must have been dreaming http://www.flyertalk.com/forum/smile.gif )

According to Randy, Hhonors Points ARE NOT part of our estates and cannot be included in our wills. If this is, in fact, the case, should we simply add our spouses in as a Mutual Fund account? Can we do this even if spouse does not travel?

OR maybe Adam or Jasmine or some other wonderful Hilton employee will find a way to get Hilton to change their rules and allow us to leave our points to our family.

WOW?! If you have are or considering a Will you should go to any book store and pick up a book on estate planning. A Will will not avoid probate, estate taxes or legal/family challenges. For your sake, look into this.

As for the points, unless you have a tremendous amount of them (500k), then there really in no value lost upon your demise and I wouldn't worry about it.

Originally posted by Dudemon:
WOW?! If you have are or considering a Will you should go to any book store and pick up a book on estate planning. A Will will not avoid probate, estate taxes or legal/family challenges. For your sake, look into this.

As for the points, unless you have a tremendous amount of them (500k), then there really in no value lost upon your demise and I wouldn't worry about it.

I am not interested in avoiding probate (although that would be great for my family)But that is what I pay my lawyer for.

Many of the airlines and hotels transfer miles and points. There is value here for our families. Even if I were only to have a few nights stays there is value for my wife. (I have well over 500,000 points "in the bank" after using well ofer another half million)

This issue involves something that we have worked hard to obtain. (I dont know about you, but my miles and points are the only thing that grew in value inmy portfolio the last 18 months http://www.flyertalk.com/forum/frown.gif )It should be protected.

If our only recourse is a Mutual Fund Account with our spouses and we both are killed in an accident, than our children and grandchildres are screwed!

This is from Randy's cover story in Inside Flyer last month:

10 Things Your Frequent Flyer Program Tells You *
* in small print

Fine Print #5: 'Til Death Do Miles Depart

Through the years there have been numerous articles on the fact that you need to think about what happens to your miles once you pass on or are party to a divorce settlement. Several major programs have policies that allow you to pass along miles after death, and there have been many cases where miles are part of a divorce settlement. But, programs continue to remind you that it's not part of their program. Here are some clear examples where the 'terms' and the practice are two different things. I can't help thinking it would be nice that they were all on the same page - virtual or not.

Hilton HHonors: Except as specifically provided herein, neither accrued points nor certificates are transferable in the event of death, as part of a domestic relations matter or otherwise by operation of law. However, points and certificates accrued by Mutual Fund and Senior HHonors Members may be used by either spouse listed on the account.

There is some (not much, but some) hope. Take a look at the Hilton HHonors terms regarding this issue: In case of the death of a member, points in the HHonors Mutual Fund will go to the surviving spouse. In the event of dissolution of marriage, 50 percent of points in the HHonors Mutual Fund will go to each member. Both spouses must sign to request dissolution of account. Hilton may require official documentation evidencing death or dissolution of marriage. Hilton is not responsible for, and bears no liability for, disagreements or disputes between members concerning the dissolution of HHonors Mutual Fund accounts. Except as specifically provided herein, neither accrued points nor certificates are transferable in the event of death, as part of a domestic relations matter or otherwise by operation of law.

Wouldn't you have to tell these programs that you are dead for them to know. I think you can figure out the rest. http://www.flyertalk.com/forum/wink.gif

drtravels,
I was just thinking the same thing. http://www.flyertalk.com/forum/wink.gif

Dan

Forget about an heir or assign using "your" account after you're dead just by pretending to be you. That's known technically as "fraud" and can be a big-time Federal offense if done using interstate commerce channels (like mail or internet).

While I don't speak for the HHonors program, or any other frequent flyer/user organization, as a lawyer I think I know one of the reasons (if not the reason) they always say the points/miles are not transferable on death.

If they agree that the points/miles are transferable through a will, the points/miles may become the sort of "property" that can be levied against or seized by creditors, ex-spouses, etc. By saying they have no value except for the person earning them, the hotels/airlines avoid getting into legal fusses where they have nothing to gain and everything to lose, including lawyers' fees.

I suspect (and have heard) that if one quietly does include them in a will, and the person inheriting them quietly writes to the hotel/airline and encloses a copy of the pertinent portion of the will, the hotel/airline - as a matter of grace and not of right - would honor the request to transfer the miles/points.

Any other lawyers out there care to comment? (I don't expect their legal departments would let the airlines/hotels comment, since confirming the above as a policy might destroy the defense.)