Can I turn off the bills that are in my father’s name if there is someone living in the home waiting eviction?

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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 3 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 3 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.


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