Dublin, GA Estate Planning Law Firms & Lawyers

It all depends on how the title was originally handled for the home.  If the title with your mom is joint tenants with rights of survivorship, then the home is yours.  If the title is tenants in common, then your mom owns 1/2 of the house still. At her death, the house would belong equally to her spouse and children.  Therefore, if your mom was not married and your sister and you are the only children then each of you would have inherited one-half of your mother's half of the house.  Therefore, you might own 3/4 of the house today and your sister would own ¼ of the house.  Of course, it is not that easy because your mother may have had debts that needed to eb paid off, someone paid for the funeral and that person gets her money back first.  You should consult with a lawyer specializing in probate law to sort this out.

The family needs to decide whether they can and should save the house that is, is there net equity in the house, and are there family members with cash to pay the mortgage current and redeem from foreclosure? If yes, then someone needs to open probate and be appointed administrator in order to handle this matter, and pronto.

In order to answer the question, we'd need to know a lot more about your parents' assets and their estate plan. If you are named as a fiduciary for your parents (personal representative, successor trustee) you might want to request a meeting with their estate planning attorney to sort out what you will need to do.