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Who may shut off a utility account which is solely in the name of a deceased person in PA?
Anonymous5 views3 answers
My father recently passed away. My brother is living in his house as he has done for a while rent free. He is the named executor, but I am the executor should he die or decline. He is sick and has not taken steps to start probating the will, and refuses to talk - we believe he has embezzled quite a lot of the money abusing his POA and might have forced dad to alter his will also. I also have (had) a durable POA.
Obviously raises many questions, but I have one - I am concerned about expense being accrued by the estate. The utilities on the house are in my father's name alone. Am I legally allowed to notify the utility companies that my father passed away, and send them a copy of the death certificate so they shut off the account, forcing my brother to get his own account and act?
This is really not a legal issue. There is nothing to prevent you from advising the utility that your father passed away. It is then up to the utility to take whatever steps it would normally take where a death occurs. Much may depend on whether the account is delinquent.
Remember that winter is approaching and living in a house without electricity is not healthy. An occupant might suffer frostbite or freeze to death without electricity if that is required to heat the home.
You should notify everyone that you can think that you dad is deceased. You can petition the court to name you the executor because he has failed to act. You need an attorney to make sure this is handled correctly.
You have received solid advice from counsel. However, based upon your comment, I worry that your brother is near the end of his life himself and that turning off the utilities may move that process along. The small cost of electricity may not be worth the guilt you feel if he dies this winter in an unheated home. Give that some thought before moving forward. Good luck to you.
