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Q: Do I need to open my deceased sister’s estate if her grown children don’t want anything?
I am living in a home with my disabled husband and my surviving sister. This home had a mortgage, which I have been paying along with the homeowners insurance, taxes, and maintenance costs. My sister passed away in 2021 without a will, and she left behind four grown children who do not wish to claim anything from the estate. My deceased brother, who was on the deed, died in 2017 and had a daughter. A lawyer advised me that I need to open my sister's estate, but I’m unhappy with the conflicting information I've been given by my current law firm. I am the estate administrator with full authority, though the lawyer mentioned that the judge granting me such authority might have been a mistake. The home has a fair market value of $103,000 with a $29,000 mortgage remaining, and there are no other estate debts so far although the creditors' period ends in September. Do I need to open my deceased sister's estate, or can I proceed differently since her children do not want any part of it?
A:
There is not enough information to give you an answer. Who owned the property when each of your siblings died and the type of ownership they had when they died is crucial information. Other crucial information is the order in which they died, who was alive when they died, and who may have died before their estates were distributed.
Best wishes.
A:
This situation is complex, and you’ve already taken on a lot by caring for the home and your family while trying to manage the legal steps. Even if your sister’s children have no interest in claiming the estate, the property still legally belongs to her estate unless it was held in a way that passes automatically, like joint tenancy with right of survivorship—which doesn’t seem to be the case here. Since she died without a will, state intestacy laws will apply, and the house and any other assets have to go through probate to be legally transferred.
Because you were appointed as the estate administrator, you're now responsible for managing and distributing the estate properly, even if that process feels confusing or unnecessary. If there’s any question about the authority granted to you, the court can clarify it, and you can request formal recognition of your role. Even if heirs don’t want the property, they typically need to sign formal waivers or disclaimers, and that process still happens within the estate administration.
You can’t simply bypass probate if the property is still in your sister’s name. It may feel frustrating—especially when everyone just wants to move on—but handling this the right way will protect you and the home from future disputes. If you’re paying everything and living there, resolving ownership legally gives you the chance to secure title in your name. Keep pushing for clear answers from your legal team—this is your life and your home on the line.
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