No....If the home was in a irrevocable or trust life estate and that person died or in the case of the irrevocable trust there still alive and your the benaficairy the trustee can keep you out, but eventually depending on what the terms of the estate are turn the trust or estate over to you. Seek the advice of a probate attorney.
That depends entirely on the valuation and the amount in the estate. Someone can purchase the home for fair market value and the proceeds go into the estate. That may cover the debts.
The estate has that responsibility. Until the estate is settled, the house ownership and responsibilities have not been transferred.
Can tester sell house prior to death
Yes this is possible.
If she left you the house in the will, the executor will take care of it. Once the estate is settled, you will be issued a deed in your name. If there is no will, you will have to create an estate and things will be distributed according to the intestacy laws of your state or country.
That depends on many things, the most important of which is called a Will. If your Dad made a Will, then all his property after any taxes or debts he owed that may have to be paid (his estate) is divided up as the Will specifies. His house in these circumstance will go to the person he has left it to. If there is no Will, then the estate will be taken over by someone appointed by the state/country in which he lived and this person will divide up the estate as your countries laws require. As the person was your Dad you will have a claim on his estate and the house could go to you but if your Dad left a wife, she will have a pirority claim on it, even if she is not your mother. Without a Will it is complicated - get legal advice.
The mortgage should be paid by the remaining estate. If there is not enough cash left to pay off the mortgage, the house can be sold and the mortgage paid at closing, or if the mortgage is assumable, the son may take on the mortgage as his own debt and keep the house.
The Last House on the Left
The mortgage is a debt against the estate which must be satisfied before the heir receives anything. If there is enough cash in the estate, the mortgage can be paid off and the heir will get the house. If not, the house will need to be sold, and the proceeds used to pay off the mortgage. If there are not enough assets in the estate to pay off the mortgage, there won't be anything left for the heir. It is the responsibility of the executor of the estate to see to all these transactions and to deliver the proceeds--what's left after settling the debts--to the heir.
The house would have been left subject to the loan. Either the estate has to pay off the loan or sell the house. Once that is done, then the assets can be distributed. One of the children could obtain a loan and buy the house from the estate.
If that someone got hold of the house owner's house ownership papers and use it in a financial transaction.
One issue may be that there are not enough assets to settle the debts of the estate. Or the specific assets left for someone are no longer in the estate.