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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101403
Experience:  Lawyer
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My husband passed away in dec 2016. Before he passed away in

Customer Question

my husband passed away in dec 2016. Before he passed away in March 2016 he/we went to motor vehicle registry office and he signed bill of sale of his holiday trailer to me his wifes name and his name. Regisry office issued us a new registration right there on the spot, with both our names on it. Im the executor and one of his credit cards did not have insurance on it, they demanded me to pay the balance of over 15,000. I did and its been finalized. I was under the impression that because I sold the holiday trailer after my husband passed away that that money was part of his estate? But now realize the trailer was infact in both our names and in his will it states that all jointly owned property automatically gets transferred to me. Do I have any hope or grounds on getting the 15,000 back from the credit card company? He was the sole card holder on the credit card. There was no other estate property or $. As a widow I had to wipe out my bank account to pay this bill on his behalf and wish I could re coop some back if not all of it being it was a mistake. Im in alberta Canada and would appreciate any advise on this matter.
Submitted: 2 months ago.
Category: Canada Law
Expert:  Debra replied 2 months ago.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 2 months ago.

I am sorry for your loss and for this difficult situation.

But you didn't make a mistake. It doesn't matter if titled vested in you. You could not keep the asset if there were debts. It is the same as he your spouse was living. He could not transfer assets into your name to avoid creditors. That would be considered fraud.

So in fact the credit card company was correct and any assets that were his before he death have to be used to pay taxes and debts before you can have any of them.

Does that clarify the law even though it is not what you are hoping to hear?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 2 months ago.

Is there anything more I can help you with at this point in time?