Before my father passed away he left his house to me and all of the furnishing.The house is not paid for( two mortages on it, one for 50,000 and one for 10,000). I want to keep our home which we have had for over 30 years but because of my limited income I am unable to pay off my father's debts(which is quite a bit). Can I file bankruptcy so that I can keep the house and not have to pay off his debts. What is my chances of being able to succeed in that. If I had the money I would pay off his debts and since he passed away, and I now have bills that I normally didn't have before, I am now unable to even pay my bills, putting in a situation that I just need to file bankruptcy and start all over again in life.

Was the home transfer prior to his death?

Yes, the home transfer was prior to his death. I don't have good credit at all. I tried with several companies to borrow money so that I could pay off a lot of his as well as my debts but that isn't going to happen due to my bad credit. He left me the house and furnishings in his will, but the will also stated that I am responsible for his liens. I currently have four jobs(one full time.. and three part time) and after I get paid each month, I am probably like $800 short of paying the bills. I can handle the rent,lights,phone, etc, but not these loans and credit cards payments. My income just won't cover them. I haven't even bought groceries in about a month now, I mainly just buy a large box of bargain priced popcorn and eat a bag a day. This is not a joke, I am at my wits end, and don't know what will happen from here to me or the house.

You don't owe your fathers debts. If the house was transferred to you prior to his death, then its outside the estate. The proceeds of the estate need to be used FIRST to pay off his debts before anything can be distributed to the heirs. However, if the proceeds of the estate do not cover the amount of indebtedness then that ends things. You, personally, do not have to pay anything of his debts.

However, if you have started doing so, you may have legally assumed responsibility for those debts.

Going back to the house. If it was transferred prior to his death then its outside the estate. However, his creditors might sue on the grounds that the transfer was fraudulent to get out of paying the debts. You say the house was left in his will but was transferred prior to his death. Which is it?

Is there any equity in the house? If there is you should be able to get a mortgage to buy the house from the estate then use the proceeds towards his debts.

But, again, YOU are not responsible for his debts.

I am very sorry, I was not referring to the house correctly. It was not transferred to me prior to his death( I thought that meant was it willed to me before he passed). He did a will and left me the house so that I could have it when he passed. So, until his death, it was still his ( I have just recently received his death certifate and the mortgage company is going to switch it in my name). So, I guess then that his house is indeed part of his estate. So, then.. what I need to know, being that I am unable to pay his bills then will I be able to file bankruptcy. I think that I have no choice in the matter about the bankruptcy because I have gotton so behind in my bills since he got sick that now even with this third job that I have just started I will never be able to catch up. I was thinking about just writing all of the creditors(mine as well as his) and try to make an offer like 5 or 10 dollars a month until its paid off. Is that a bad ideal?. any suggestions. I cry myself to sleep everyday praying that they don't sue me and take the house.. but in my heart I feel I won't be able to save it.

Correction... fourth job. I have one full time job and three part time jobs and still can't catch up with the bills. I would go to seek an attorney's help, but I don't even have the money for that.

Ok, So you need to do an evaluation of the estate. While the mortgage can be transferred to your name, the house can't YET!

If he has a lot of debts you may have to file probate on the will. This will give a valuation of the estate and give creditors a chance to make their claims against it.

Once you have a full list of debts, you will have to compare than against the value of the estate. You will then have to use the proceeds of the estate to pay those debts. Again, YOU personally are not responsible for those debts. You can only pay up to, but not exceeding the value of his estate. I think you need to at least consult with an estate atty. You can probably get a free consultation to give you some ideas. But you might be forced to sell the house to get enough to pay his debts if you have no cash. You may be able to obtain a new mortgage on the house to cover them.

I would imagine of the house forms part of his estate, and he has bills, you will have to sell the house to pay those debts off.

I want to thank you all very much for your help and I most definitely will do all that you have advised. I will seek a free attorney to talk with and go from there. I don't have high hopes, but I am going to try my best. Perhaps the mortgage company will refinance and I will then have enough from the lower payments to pay off his debts. I think his total is about somewhere around $6,000. I am not definitely sure at this time. But, whatever happends, I do promise that I will post at a later time and let you know how it all went. Thank you everyone.

I am sorry to hear about your father's death and your situation. Here are a couple of resources that might help. Official Credit Help and Close Probate which is a site that offers loans while probate is in process. Best wishes.