My condolences on the loss of your FIL.

If he did not reaffirm the loan and it was discharged in the BK, then if the mortgage is not paid, neither the estate nor the beneficiaries will be responsible for any deficiency after foreclosure and it is safe to walk away, at least as far as the mortgage is concerned. If he did reaffirm the loan, then the estate/beneficiaries can be responsible for a deficiency up to the value of your FIL's other assets. If he reaffirmed the mortgage, the reaffirmation agreement would have been filed with the bankruptcy court. You can check the court records by going to the court or registering for a PACER account. PACER is the federal court's electronic records system. For more information go to http://www.bkforum.com/showthread.ph...Guide-amp-Tips. A debt cannot be reaffirmed after the BK is discharged. The only way to get back on the hook for a mortgage that was discharged is to refinance, replacing the discharged loan with a new loan.

The executor of the estate has a duty to the beneficiaries and the decedent's creditors (if any) to preserve the estate assets. I am assuming you are the executor. If you walk away from the home, you better be sure that selling the property would not result in a profit. You also need to check your state law to see if an executor has a right to abandon an asset and whether some kid of notice to the beneficiaries or court approval is required. I suggest you consult with a probate attorney before doing anything. You don't want to end up being sued by a beneficiary.