Both my parents died recently and left a mortgage on their home, There is quite a bit of equity in the home. They willed the home to my brother but he refuses to pay the mortgage payments to keep the house. The property is going into foreclosure. the mortgage is assumable and I would like to assume it. How do I get the deed out of my parents name and into mine if I assume the mortgage. Also, because they willed the home to my brother, does he retain any rights to the property if I should assume the mortgage and sell the home.