Legal Question in Wills and Trusts in Illinois
I am the Executor of a will in the state of Illinois. The Will was not prepared by an attorney but was properly witnessed and notarized. I am attempting to get the deceased person's household utility accounts closed. The electric company does not want to do this because other family members are living in the household and the electric company says the Executor does not have the authority to close the account because this forces a disconnect on the family members who live there. Keep in mind I have no qualms with the family, I only want to close the account in the decendent's name as I thought this was one of my responsibilities. Does an Executor in the State of Illinois have this right with a properly executed Will? Please advise. Thank you!
3 Answers from Attorneys
Are the occupants willing to call to establish service in their names?
You can't enforce the provisions of the will against someone who is unwilling to recognize your authority. You'd need a court order for that. Try to work something out with the family members who will reside in the property: who will consent to the utilities being placed in their name?
You may be nominated as Executor, but you can only act as Executor if a Court specifically enters an Order that appoints you as Executor. From what you have described, it seems as if you have a Will that names you as Executor, but that grants you absolutely no authority unless you submit that Will to a Court of law, and unless that Court of law appoints you as Executor. I hope this clears things up.
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