Thank you for your responseCustomer
1) The only way you will have any right to the property would be to determine how the deed was worded. If the deed gave the daughter ownership
by rights of survivorship, this means that the daughter takes ownership of the entire property and you acquire no ownership rights, regardless of what the deed says. In a right of survivorship the surviving owner automatically takes possession
of the entire property and the other owner's rights are terminated upon their death. This is why it is very important to see how the deed is designated.
2) If the property did not title
the deed with right of survivorship, then your spouse's interest remains in the property and the will controls what interest you have in the property. If the will states that you are to get "half of all", then that may mean that you share ownership of the house with his daughter as co-tenants. As co-tenants both of you can live on the property and both of you can be responsible for the mortgage (typically half payments) and can force the other to pay their share of the mortgage.
3) Since the father was the only person on the mortgage, the mortgage will have to be refinanced to name the new owners on the property. This can either be done by refinance or assuming the existing loan.
4) Again the only way to determine what interest you may have to the property will depend on how the deed is titled. If there a provision of right of survivorship, then daughter takes all and you do not take the home. If the deed does not state right of survivorship, then daughter and you will share co-ownership interests of the home and you can live on the property and pay the mortgage as stated above.
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