QUESTION
Can an interested party who is not the executor notify utility companies that the person is died?
Asked on Sep 26th, 2013 on Estate Planning - North Carolina
More details to this question:
This case happens in Pennsylvania. If one is not the executor or personal representative in the will (but is named as the executor should the first executor be unable or unwilling) if the utilities to the house of a person who has died is in their name only. (We believe that the executor in this instance is living in the deceased's house, and intends to drag his feet as long as possible from filing for probate, whilst still using her accounts (without authority) to pay bills etc. which is obviously totally wrong, but that's not going to stop him. Namely, can any interested party inform the utility company of this person's death, send a copy of the death certificate and have her account terminated or at least suspended?
1 ANSWER
Who would be an "interested party" and not the executor? The executor cannot keep living in the house and use the decedent's funds for the executor's personal living expenses. This is only possible if you allow it to happen. If there is a named executor it means that there must be a will. When did the deceased pass away? Is there an estate probated? If not, then you need to immediately go and see a probate litigation attorney who practices in the county/state where the estate would be pending. It sounds like the executor is violating his duties by not administering the estate correctly. If that is the case then he can be removed and you can be appointed as the substitute execugtor.
Answered on Sep 27th, 2013 at 2:35 PM