Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good morning. Unfortunately, children have no automatic legal right to inherit. And, since the house was held with the right of survivorship
, upon the death of your mother, title to the property automatically vested in her husband. So, you would have no specific legal right to the property. But, since he can't pay the mortgage, depending upon whether or not the property has any equity (value in excess of the mortgage balance), you can either deal directly with the husband or the bank to try to obtain title rather than having the house sold to a third party or the bank foreclosing.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that under the law the house would then default to you, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
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