How to?

My father passed away in 1995, my mom passed suddenly in January of this year(2008). Unfortunately, she never removed his name from the title or named an executor in case of her death so the house remained only in their names. There are 6 surviving daughters and we are wondering what necessary steps do we take to become legal owners of the property? Also, after dads death mom took out a 2nd mortgage for repairs, how do we approach the mortgage company on this matter?

Who handled your fathers estate? Anyone?

If there is a mortgage on the property, the house will probably be sold to satisfy the debt---unless you pay off the second mortgage, you cannot take possession of the house. You say there is a second mortgage--I presume money is still owed on the first mortgage? If so, they both must be satisfied--and even then, the proceeds may go to pay other debts, and not to the children.

All of her assets, including the house will become part of her estate and often times, if someone dies without a will, the property can possibly become property OF the state.

Often times the mortgage company is willing to work with family members if someone is able to purchase the home, or able to cure the default, but in this market? Who knows.

It won't do you any good to approach the lien holder, because they will not and cannot discuss with you your mothers account unless you are named ( and can prove that you are ) the executor or personal representative of her estate.