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What debts are you talking about?
Are you saying that the house is the only asset of the estate?
As soon as I get this information I will be able to provide you with an answer.
This is a very difficult situation as only the estate and not you are liable for the debt.
So if the debt is not paid off then RBC can seek to seize the house and have it sold anyway.
This will cost the estate more money as there will be foreclosing fees and on top of that the house will be sold for less.
So essentially if the judge does not order the sale no one pays the last $8000.
No. That is now what I said.
Last resort, let RBC sue and seize the house and then this is out of your hands.
They may not be able to get the heir out if the heir has a life interest.
It is really a mess so it is good to have a court decide in a case like this.
He would have to take the sheds I assume. This is sounding more and more like a law school exam question!
I am sorry you are in such a mess.
A way to settle this would be to have the person with the life estate just pay off the $8000 and then she/he would be secure.
And perhaps the other heir who needs the sheds there can pay a small part of that perhaps?I am just trying to think of options for you but I am sure they've all be considered.
Please do let me know what happens in court.
The one with the life interest is essentially right in the sense that this seems to be what the deceased wanted.
And so there is no right to sell the house in almost all cases.
But if the house is going to be lost to creditors then that would be another matter.
I don't actually believe the RBC could get her out.
So in my view the most likely scenario is that the RBC registers a lien and they get paid off when she dies and she gets to live in the house until then.
That is a very different set of facts now, and she clearly cannot keep the cottage and not pay anything and it sounds like you have the right to sell it so now I do not see how she will succeed.
Just reply back to this post. It won't lock.