Q: can my wife gain ownership of her deceased parents home which is behind in mortgage.

A: Possibly. It depends on the title: what was the nature of her parents' title? (I'm assuming for this comment that neither of them deeded the property to anyone else and one or both of them owned the property when they died.) . If they were the sole owners as joint tenants with right of survivorship, then the later of them to die was the sole owner. If the later of them to die did not convey title during their life or by a Transfer on Death Deed, his or her estate will have to be probated to pass title to the heirs. If they co-owned it in any other fashion than joint tenancy (such as in co-tenancy or tenancy-in-common), both their estates will almost certainly have to be probated in order to pass title to the heirs. Both could probably be combined into a single probate proceeding.

If both died without wills, the state's laws of succession will pass the title down to their respective heirs as of their dates of death. The heirs will share according to what the statutes provide. Whoever takes the house will take it subject to the mortgage and any past due tax liens and the like. If the property is not worth enough value over the mortgage, the most economical thing might be to let the mortgage company have it. Contact an experienced probate lawyer in your state for specific advice after reviewing the deed, the mortgage, and any other pertinent documents. Justia can help you find one. Many offer free initial consultations. Feel free to get second opinions. Good luck.