What is the law on restoring utility and phone services in a deceased individuals name?
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What is the law on restoring utility and phone services in a deceased individuals name?
I am one of the trustees of a Will for my deceased father. My younger sister’s daughter is the individual to inherit everything once she turns 25. My younger sister is trying to keep utilities and cell phone service on in my father’s name even after we requested that these services be discontinued. She has had cell phone services restored and has done this still in my father’s name. It is my understanding that this is fraud.
Asked on October 20, 2010 under Estate Planning, Oklahoma
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Under what authority has she had the service turned back on? Does she have any fiduciary capacity? When you say "trustees" do you mean personal representatives or executors? Or is there a trust? The executors of the Will are the only ones that are permitted to act on behalf of the estate. A trustee can act on behalf of the trust and make decisions as to the trust property. Sometimes the powers of the fiduciaries can conflict.
Fraud is an intent to deceive or falsely represent the truth. Did your sister do so here? Did she state that your Father was still alive? Then it could be possible. Then it is the duty of the Executor to advise the phone company of his death. How you deal with the family issues is really up to you and the attorney for the estate. Good luck.
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