family legal problem - My mom, who has no assets and refuses to make a will is nearing the end of her life

family legal problem

My mother, who has zero assets, and refuses to make a will is nearing the end of her life. I have 7 brothers and sisters. She is underwater on her house. My 60-year old brother has lived with her rent-free for the past 11 years. He has no job and no income, although he does have some money from a lawsuit. My mother wants him to have the house. The rest of us are fine with that, we don't want it as it is in bad shape and some of us have our own homes anyway. My mom is under the impression that the brother can just stay in the house when she dies and pay the mortgage for as long as his money holds out and then just let the bank repossess the house. My understanding is that when you die intestate, all assets are split equally among your heirs. Do the rest of us have to take our share of an underwater house and if so, can the mortgage company come after us for the amount owed on the house? Only 3 of us children have any assets. I am divorced and my only child has passed, so I need that money to take care of myself in my elder years which aren't that far off. Our mother lives in NY state. Thank you!

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