My mother passed away in California and left everything by will to my sister. I am the only joint tenant with my mother on her home and the deed will be transferred to me when I receive the death certificate. I am not on the mortgage. As I understand it, her estate is responsible for paying off the mortgage. However, the home may only be slightly above water, the estate will not be capable of paying off the mortgage, and there are no other debts. At some point the mortgage company will want me to pay off the remaining debt through selling the home, refinancing, or foreclosure. What are the steps are involved from probate being initiated to me being able to rent and/or sell the home? Who will pay the utilities and mortgage payments until then? If the home is refinanced or sells will the estate monies be handed over to mortgage company at closing. Are my trips to California a tax write-off. Will I have to pay a gift tax if I receive money in excess of the write-offs.

First, how exactly how is the deed worded - are you joint tenant with rights of survivorship? Or is it joint tenancy in common? It makes a difference, particularly if your mother's will doesn't specify that you get her interest in the house. Assuming that the house does go to you by way of the ownership on the deed, then the house is now yours - it does not go through probate - and you need to start paying utility bills and costs of upkeep now. You also need to pay off the mortgage, which means you will either have to refinance the loan in your name, or sell the house. The estate does not get involved at all, except for handling your mother's belongings in the house (furniture and the like). Again, I am assuming here that ownership in the house is yours through the title on the deed, and not through your mother's will. Finally, you do not need to worry about any gift tax - if any estate or gift taxes are due from her estate, the executor takes care of that using funds from the estate's assets.