Utility bills dispute during probate.

[djd14150]

Jurisdiction

New York

My father passed away several months ago. He still has utility bills in his name. His live-in partner refuses to pay the utilities as of right now. She had the electric put in her own name and is now claiming the estate is responsible for paying these utilities. Even though she is living there and has put the electric in her own name?

The gas bill however is still in my father's name and I was told by my attorney to pay it out of pocket and that I would be reimbursed after the home is sold, if at all. This is due to any legal issues or conflicts of prioritizing the wrong creditors over others in case the estate bank account is insolvent.

So what exactly should be happening? If she is living in the home, does she not have the responsibility of transferring the utilities in her name, or should the estate be responsible for paying them as long as the estate remains open even if she put them in her name?

If I have the utilities shut off, she could sue for some type of constructive eviction? What legally should we have to do?

 

[adjusterjack]

They weren't married. I don't think the estate has any obligation to her at all.

But that's something you'll need to confirm with your attorney.

 

[djd14150]

They weren't married. I don't think the estate has any obligation to her at all.

But that's something you'll need to confirm with your attorney.

Our lawyer said that she could technically sue us but on what grounds? She is a beneficiary in the will and is awaiting for her portion, but if we can't close the estate with constant bills coming in my father's name it could be more complicated. I can't afford to pay her bills too, the only thing to do is file to evict her as she is being unreasonable expecting my father's estate to pay utilities using money that used to be in a savings account that was closed and the funds given to the beneficiaries listed on the bank account.

 

[adjusterjack]

Our lawyer said that she could technically sue us but on what grounds?

Anybody can sue anybody for anything. Doesn't mean they would win. But they can tie up the estate for a long time.

She is a beneficiary in the will

For what and how much?

we can't close the estate with constant bills coming in my father's name

What bills? You said the utilities were in her name. The estate has no obligation to pay them.

the only thing to do is file to evict her

Then evict her and sell the house. Then she'll get her share.

money that used to be in a savings account that was closed and the funds given to the beneficiaries listed on the bank account.

Beneficiary accounts automatically became owned by the beneficiaries when your Dad died. You and they don't have to use money to pay the estate's bills. But if you want to, you get reimbursed first when estate assets get sold.

Bottom line, if you aren't willing to play hardball, she's got you by the cajónes and she'll stay comfortably in the house indefinitely.

Again, talk to your lawyer about getting her out.

 

[zddoodah]

My father passed away several months ago. He still has utility bills in his name. His live-in partner refuses to pay the utilities as of right now. She had the electric put in her own name and is now claiming the estate is responsible for paying these utilities. Even though she is living there and has put the electric in her own name?

The gas bill however is still in my father's name and I was told by my attorney to pay it out of pocket and that I would be reimbursed after the home is sold, if at all. This is due to any legal issues or conflicts of prioritizing the wrong creditors over others in case the estate bank account is insolvent.

So what exactly should be happening?

Does the former girlfriend have any ownership interest in the house?

Did your father have a will? If so, what does the will say about what is supposed to happen with the house, and what does it say about the former girlfriend?

Please confirm that the surrogate's court has appointed you to serve as executor/administrator of your father's estate. Or, if that's not the case, who has been so appointed?

Since you have an attorney (who presumably has expertise and experience handling probate matters in New York), why are you posing this question to anonymous strangers on the internet (many of whom are not lawyers and/or are not in New York)?

If I have the utilities shut off, she could sue for some type of constructive eviction?

Despite your use of a question mark, this sentence isn't a question. Anyone can sue anyone for anything.

What legally should we have to do?

Who are "we"?

Our lawyer said that she could technically sue us but on what grounds?

I have no idea what "could technically sue" means, but your lawyer obviously knows better than anyone here what cause(s) of action might be viable.