Question: I’m in the process of applying for administrator of my mom’s estate. I was her live-in assistant and Power of Attorney (POA). She also had a housing subsidy. My mom passed in December 2025, and I reported her passing on January 30, 2026. Her lease ended May 31, 2026.
Once I verbally reported her death to the property manager on January 30, I was told I have 10 days to clear her items and vacate the premises. However, they stated they cannot put anything in writing. Since I have my own housing responsibility in a different state, I’m unable to pay her full rent without her subsidy. What should I put in writing to indicate I’m meeting their 10-day demand? My mom’s estate does not have any assets; should I mention the estate in this letter to the property manager?
Loraine’s Answer: If there are no assets, there may be no need to open the estate. You may be able to file a Petition for No Administration Necessary, if you find out that there actually are any assets, but you may not even need to do that. (Technically, her personal possessions like clothing, furniture, and other items are assets of her estate, as is any bank account she may have had and any car she may have had. However, state laws in Georgia can allow these kinds of items to be dealt with without an estate being opened through the probate court in a case where a person died without any Will, and these laws may apply in your mother’s case. I do not have enough information to know.) In general, you are not personally responsible for your mother’s rent unless you signed, co-signed, or guaranteed the lease in any way. I do recommend that you get a consultation with an experienced probate attorney so that the attorney can help you with analyzing the entire situation and determining the best way to proceed.
As for the letter to the property manager, you should restate what you discussed verbally. Document the details you provided, including your mother’s name and date of death. Confirm your understanding of the date by which your mother’s personal property must be removed from the apartment. In addition to providing your contact address, phone number, and email for future communications, be sure to copy the property office manager, as well as the program that subsidized her rent. For now, all you should need to tell the property manager with regard to the estate is that you are in the process of trying to determine the condition of her estate and whether an estate needs to be opened.
Key Estate Planning Takeaway: If an estate has no assets, there may not be a need to open the estate for probate or administration. A surviving heir is not responsible for the decedent’s rent obligations unless they signed, co-signed, or guaranteed the lease.
This “Q&A with Loraine” blog series is inspired by answers from Morgan + DiSalvo Partner Loraine DiSalvo to actual user questions posted by individuals on www.avvo.com. This blog is a more in-depth response than can be given on their site under their character limits for answers. To view the original question and Loraine’s original response, click here.
