Who should pay utilities when occupying an estate property?

[tpwpny]

Jurisdiction

New York

Scenario:

Father passes away. Children are sole named heirs with the eldest named Executor. Upon his death, an estranged "wife" appears (with marriage certificate) and occupies the father's house, living there fulltime for the first time ever, while artfully barring the children from the property. She tries to fight the will (unsuccessfully), files for Right of Elective Shares, and causes probate to take months.

Should the wife pay utility bills (and other property expenses, such as landscaping, etc.) for the time she is occupying the home in estate before it is liquidated? Or must the estate pick up the tab?

Also, does she have rights against eviction from the property or can Executor evict at will (especially since she has proven herself a threat to the estate?)

 

[army judge]

Only a judge can cause an interloper to be evicted.
The executor can simply file an eviction action.
The court will decide if it should be heard.

 

[tpwpny]

Only a judge can cause an interloper to be evicted.
The executor can simply file an eviction action.
The court will decide if it should be heard.

What is the presiding category of law - Marital Property, Probate or Landlord/ Tenant?

And, just to throw a wrench into things, what if the wife/tenant attempts to bar the Executor (who is also a named Heir) from accessing —and thus liquidating— the estate property by filing a protective order?

 

[army judge]

What is the presiding category of law - Marital Property, Probate or Landlord/ Tenant?

And, just to throw a wrench into things, what if the wife/tenant attempts to bar the Executor (who is also a named Heir) from accessing —and thus liquidating— the estate property by filing a protective order?

Talk to a lawyer in your county.
Hire a lawyer.

 

[adjusterjack]

What is the presiding category of law - Marital Property, Probate or Landlord/ Tenant?

You start with probate law and the first thing you need to do is open probate and get your court papers acknowledging you as executor, assuming that you are the eldest of which you speak.

If you (or the nominated executor) havn't done that then the wife holds all the cards and can do whatever she wants.

Once the executor has his court papers, he can petition the court to quash the restraining order so that the executor can proceed with his duties.

Opening probate with a will in NY's Surrogate Court is not that difficult but once the executor gets his papers he will have to hire an attorney for the rest of it.