Legal Question in Real Estate Law in New York

Re: What happens when a parent dies without a will and has a home

The bank is entitled to be paid. You would have to petition the Surrogate's Court to be the administrator of the estate, sell the house and divide the net proceeds with your sibling.

Mike.

Re: What happens when a parent dies without a will and has a home

I agree with Mike. The Mortgage needs to be paid or the house will go to foreclosure, which could produce a lower sales price than you could sell it for yourself. If you and your sibling cannot afford to pay the Mortgage and there are insufficient assets in the estate to pay it, the property must be sold. I do suggest, however, as Mike did, someone apply to be administrator of Mom's estate, as authority is needed either to transfer or sell the house. You might also find that the Mortgage holder is willing to accept a lesser amount than actually due, to avoid the costs of a foreclosure, if you could find the funds to pay it.