Whitehouse Station, NJ Estate Planning Law Firms & Lawyers

The answers to this question depend on the mortgage, and the terms of the will.  The will may stipulate that the heirs take the property subject to the mortgage.  If that's the case, the heirs can take over the mortgage payments, but technically, the heirs should have the mortgage redone in their name.  Changing the title to the property could cause an acceleration of the mortgage and require immediate payment.  A bigger question becomes, what happened to the proceeds of the second mortgage?  Did the decedent take that in a lump payment and it went to other heirs?   Can the first and second mortgages be combined and refinanced?  Rates are good now and it might be worth your while to qualify and re-do the whole thing.  

If the trustee of the trust is also the grantor, a revocable trust usually indicates that upon the death of the grantor/trustee, the assets held in the trust are distributed.  The grantor/trustee could direct that the assets are distributed to the estate, or to beneficiaries, or can remain in trust with the second trust taking over.  What happens is all dependent on the terms of the trust.

Your mom would have to sign a deed transferring the property from her to you and her.  As the surviving spouse, she now owns the property and will have to present a copy of your dad's death certificate.  You should be careful that your sisters do not object to this, or that a claim could be made that you are unduly influencing your mother to give you the property.