Can I turn off the bills that are in my father’s name if there is someone living in the home waiting eviction?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I turn off the bills that are in my father’s name if there is someone living in the home waiting eviction?
My father passed away 7 months ago; he did not leave a Will. He had a man living in his house who now refuses to leave. We are involved in probate now, however no one has been named the executor as of
yet. Basically what I want to do is to turn off the bills that are in my father’s name. However, I don’t want to do anything that’s going to get me in trouble as far as defying orders or taking upon myself the executorship before it has been given to me.
Asked on August 1, 2017 under Real Estate Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Do not turn off the utilites are in any other way engage in similar self-help measures. You might find yourself facing legal action if you do. In order to have this person removed from the premises, the personal representative (who is like an executor when there is no Will) must bring an "unlawful detainer" action (e.g. an eviction). Once the court has revoked this person's rights to stay on the premises, they must voluntarily vacate or face physical removal by the authorities.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Do not turn off the utilites are in any other way engage in similar self-help measures. You might find yourself facing legal action if you do. In order to have this person removed from the premises, the personal representative (who is like an executor when there is no Will) must bring an "unlawful detainer" action (e.g. an eviction). Once the court has revoked this person's rights to stay on the premises, they must voluntarily vacate or face physical removal by the authorities.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.