My grandfather owned the building and a lady would stay there some times. He recently passed and she will not leave the property. We will be taking this case to probate. My mother is the only child. But we are curious if we can remove his name from the utilities since he is deceased?
It sounds like you are trying to force "the lady" out of the premises by terminating the utilities. It is not a good idea to do that unless and until you have an attorney look at the situation and advise you to do so. Additionally, if someone is opening a probate estate, then the court appointed Representative is really the only person with authority to that that action.
Bottom line, you need to talk to an attorney with all the facts before acting!
Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his answers to AVVO inquiries are based on his understanding of Illinois law only. His answers are for general information about perceived legal issues within this question only and no response to any posted inquiry should be deemed to extend any right of confidentiality between you and Mr. Smolinski, to constitute legal advice, or create an attorney/client or other contractual relationship. An attorney/client relationship is formed only by specific agreement including an evaluation of the specific legal problem and review of all the facts and documents at issue. We try to insure the accuracy of this information, but we cannot guarantee its accuracy. The reader should never assume that this information applies to his or her specific situation or constitutes legal advice. Therefore, please consult competent counsel that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.
If you want to remove the name of a decedent from the utilities on his property, contact the utility company(ies) to ask them for the process for doing so. You will probably be required to provide something showing that you have authority to request the change, such as some sort of affidavit or Letters of Office issued by a judge. Either way, you will probably need legal counsel to make sure that you understand how to comply appropriately.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline