Legal Question in Wills and Trusts in Arkansas

What are the laws on executors, or personal representatives?

My father passed away Nov. 223rd, 2004. We appointed my cousin as personal representative since he also lives in Arkansas. We (all 4 kids) live out of state. My father owns a manufactured home. No one is living at the home. I called and cancelled his phone service and the cable tv. That same day, my cousin called the phone and cable and had them stop the cancellation, and put a passcode on the account! Is it legal to put the phone in his name after he has passed away?

I told the phone co. he had died. Why would they keep a phone on when I said he was deceased! Why would they need cable in a home where no one lives! Can I cancel the water, power, and garbage? I don't want to keep getting bills monthly. I thought the Personal Rep. was to collect assets, not spend them. Thank you for any kind of help! Reba


Asked on 12/31/04, 11:27 pm

1 Answer from Attorneys
Harvey Harris Harris Law Firm

Re: What are the laws on executors, or personal representatives?

Are you sure no one is living there? It is the duty and responsibility of the personal representative to determine what needs to be shut off and what should be kept on. Some utilities may need to stay on, such as electricity, water, etc. Someone has to take care of the house. It will have to be sold or someone(s) will be inheriting it and it has to be cared for until then, by the personal representative.

The personal representative is responsible to the other heirs and to the court to take care of all assets, but he may spend money, under the court's supervision, to take care of the assets in the estate.

If you believe that your cousin is not adequately taking care of this responsibility, then you may want to retain an attorney to look into this, from a legal standpoint.

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Answered on 1/01/05, 1:44 am


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