If the debts are unsecured by the house, why doesn't your mother sign the house over to your now and that separates her debts from, what is now "your" house.

They can't take your whole house. she owes 40k and if the house is worth 500k, they need to give the rest of the money back to you.

I am a pre legal collection office for a acquisition firm and the general answer is yes all debts must be paid out of your moms estate before the lawyer can distribute the estate..especially if they have a lien on the house

Thank you for your reply .I am not too sure about my lawyers advice in this regard .He insists that the house is willed to me and it can't be used to pay off the debt .I think I need further advice here because if the house willed to me is it deemed part of her estate so this means that the debt must be paid and the house sold to accomplish this.Has anyone experienced this?all I can find is US law info in this regard not Canadian?

Thats a legal question you should really direct to a will & estate lawyer.

My understanding ( and it may be incorrect ) is the estate has to first satisfy the debts before the beneficiary gets their hands on it.

My 90 year old mother is the sole owner of her house free and clear no mortgage .Her will states that upon her death the house will go to me.I am taking care of her in her residence where I live as well .She has accumulated about $40 k in debt on major credit cards and credit lines She is the only person responsible for the debt on these cards.My question is I know her credit card debt is not my responsibikity but will the house come into play here as a means of paying them off.If yes is there something I can do to prevent this.Lawyer says the house will not be an issue please advise.