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The mortgage company could only make a claim against the assets of the estate, not yours and not against any assets that passed to you "outside of probate" which basically means by contract. So if you were the named beneficiary on life insurance, bank accounts, etc. then they aren't subject to being used to pay the creditors.
Thank you. Would I be able to sell the house without legal penalities? It was willed to the sister, but she has not picked up the ball.
I'm not sure what you mean by "without legal penalties" but if it was left to the sister and the transfer had already taken place there is no way you could sell it.
The transfer of title is complete; but my husband's name is XXXXX XXXXX the mortgage. Therefore, who owns it?
The estate owes the mortgage and the house belongs to the sister.
Did you have a lawyer assisting you with the probate?
Yes. The probate went through and the estate was declared debt-free, which is confusing, as there is this mortgage outstanding.
You said your lawyer "had the will probated", did he actually take part in advising you on what to do?
The estate wasn't debt free. Was the mortgage listed on the probate?
Well, he told me what the procedure was, and went ahead with it for me.
I'm sorry, is this in Canada?
I will have to check that. I don't know. I thought it was because we had the will probated solely because of the house willed to his sister.
This was in the US estate section. Let me transfer it to the Canada Law.
Ignore what I told you until you hear from a Canada expert.
I'm really not sure about that. I looked only cursorily at the documents the other day and saw "debt free".
Yes, I must check that. Perhaps I read it wrong. I have been in touch with the lawyer and will be again. I wonder if you can just tell me briefly if I am in a lot of legal trouble if the probate papers (I think they were) say the estate is debt free when it isn't? Could the paper have left out the mortgage legitimately?
Thank you so much. Your answers were really helpful.
Thanks again. I can't find the customer satisfaction survey, but am hoping it will come separately by email.