Legal Question in Wills and Trusts in Pennsylvania

If your mother died in PA without a will, her property would pass to her surviving husband and her child on a 50/50 basis. A surviving spouse does have certain rights. It may be that you can buy out his share of the property if you want it.

Regarding the mortgage, your father may have left the property to your mother free and clear but nothing prevented her from getting a home equity loan which it appears she has done.

When a person dies, the heirs have to keep paying on the mortgage unless there is a provision in the will (you have already advised that there is no will here) to the contrary. If you and your mother's husband do not work this out and if nobody pays, then the property will be foreclosed on by the bank and neither of you will have the property.

If your mother's husband wants to continue to live in the property, perhaps you and he can come to an agreement regarding payment of the mortgage and taxes.

If your mother died intestate, has your mother's spouse sought to probate an estate? If not, have you? In such case, I suggest that you speak to a probate attorney in the county/state where your mother lived at the time of her death.