What Happens To An Inheritance and Windfalls In Bankruptcy |
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Hello: I am a discharged Bankrupt. Discharge received Oct. 23rd, 2020. My wife of 43 years died in August of 2019 intestate & was sole owner registered on the home we shared. I was also named beneficiary to a Locked in RRSP with a listed worth of 71,000 + currently. Upon discharge, I was stunned to be told “not to touch” the RRSPL to which I am named as sole beneficiary, until after my bankruptcy file is closed. My desire was just to roll it over into my name to protect it from market forces. The home was surrendered to the bank & sold under power of sale. It sold for considerably more than I thought it might be worth, closing on Feb. 8th or 9th. The residue of the estate is currently unknown, but I suspect it to be north of $60,000. There is currently no executor for the estate because at the time, a series of unfortunate events left me with very little cash / credit and I felt I could not afford to pay for legal representation or the perceived costs of obtaining executorship of her estate. In fact misinformation received lead me to believe there may be no residual value to the estate even if I obtained legal status as executor. This proved to be incorrect (big time). I have physical disabilities that limit my employment prospects & at the time of her death, had been officially retired / unemployed (main job was renovating a “fixer upper” home bought for our eventual retirement. Her sudden & tragic death at age 58 also placed me in an immediate financial emergency. There was no life insurance or mortgage insurance as it was deemed unaffordable due to pre-existing medical conditions (both of us). I am currently homeless (although I have temporary shelter for the winter) & am terrified now that creditors will be able to seize the residue of my wife’s estate as well as a portion of the RRSPL. I have backing for payment of legal council now but need to be very cautious to obtain advice on how to proceed and any options that may exist to protect these assets. It means the difference between life / survival & suicide for me as my CPP & Survivor benefits are only $837 / month total & there is no social housing “safety net” . I live in constant fear of being on the streets at age 63. Any help / advice / hope is greatly appreciated. I have a hearing disability made much worse by covid 19 mask requirements, diabetes, untreated for past 10 years, glaucoma, lung disease, degenerative disk disease of the lumbar spine, and have just had surgery to put stents in the femoral arteries of both legs to restore blood flow. Prescription costs eat up 1/3 of my meager CCP each month. I’m in serious trouble here & won’t survive past next fall without being able to protect at least some of what my wife left me. |
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