@Account Closed
I'm sorry to hear about your father and GB him for thinking of you with this home.
1. Find out for sure that the property is upside-down (mortgage company for pay-off and realtor for CMA). The value may surprise you.
2. Since your dad used an attorney I would seek his/her advice on how to hand the keys over to your father's lender without ever taking ownership yourself.
The last thing you want is a short-sale on YOUR credit report.
To clear up previous post, you CAN benefit from sale of the home if there are proceeds left after closing costs and mortgage payoff; Robert was saying you CANNOT benefit if its a SHORT sale (selling for less than what is owed).
I am the trustee on my deceased mom's estate and working through the sale of her home; however, there is enough equity in the property to make it worth my while. Otherwise, Bank of America would own yet another home :)
Go see father's attorney this coming week. There may be paperwork that he can get your father to sign to make this easier. Of course, your dad does not have to know that you may not be accepting this gift. Best of luck to you and your family.
Not professional advice.