Can my sister leave the utilities in my dead fathers name?

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My father passed away a couple of months ago. My sister lives in the same home as he did and wants to keep the utilities, cable, and other items in his name. I am the executor of the estate and feel that all debts need to be removed from my fathers name.

Attorney Answers

4
John Crouch ·
I don't know if it's legal, but my grandfather died at age 42 but his name stayed in the phone book and on the utility bills for 68 years after that. However, especially if she owns the house and will be staying there, it should be made clear and official that the estate is not responsible for the utilities, she is. However, sometimes it's important to be aware of the real reasons behind something like this before deciding how to act. The lawyerly answer is not always the right answer for the situation. There are actually a lot of women who prefer to have a man's name in the phone book and on other things, for safety and related reasons. You all should talk about what's important to both of you and see what you're both able to do.
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Paul Smolinski ·
Well, if you have been appointed by the court as the executor then you have certain duties and responsibilities. If you have an attorney you should ask him/her what options you have although the likely answer is going to be that such things need to transition things out of dad's name. Additionally, you need to make sure that you have homeowner's insurance on the property remains in effect since your father purchased the policy. Bottom line, talk with your probate attorney. If you don't currently have one, find one and consult with him or her ASAP. Good Luck!
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William Carmines ·
Unfortunately, I would need more information to answer your question. The real issue here is whether the Will instructed you, as the Executor, to sell the house or if the Will even gave you the authority to sell the house. If the Will did not instruct you to sell the house, and assuming you and your sister are the only beneficiaries, then the house is no owned by you and your sister and it is not even technically in the Estate. If the Will did give you, as the Executor, the power to sell the house, but did not instruct you to sell it, then there is a bit of a grey area. But generally, unless the Will instructed you to sell the house as the Executor, then the general rule is that if you and your sister are the only beneficiaries, then you both are co-owners of the house and you both need to be responsible for the bills instead of the estate. Like I mentioned, this is a bit of an odd area in Virginia law. The best thing you can do is discuss your situation with an attorney who is knowledgeable in probate issues. Regardless, I wouldn't ever recommend keeping the bills in the name of the deceased person for an extended period of time.
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Rixon Rafter ·
I concur that your instincts are correct. I am NOT a probate attorney, but it sounds like your sister wants to keep the bills in your father's name in the event she falls behind the creditors won't be able to touch her. In the end that won't work out well--SOMEONE (the home owner, the sister, or you) will be held liable by the cable and the utilities providers for the subterfuge. Strongly recommend you contact a probate Atty in your area for assistance in your duties as executor. It would be worth it in the long run.
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