Estate Utility Management Guidance

Summary

In New Mexico, utility companies are not required to wait for probate to manage services after a death. Heirs, like your mother and uncle, can handle utilities with proper documentation, such as a death certificate and proof of relationship. Since you reside in the house, you may have some rights to remain there. Its advisable to consult a probate attorney to protect your interests and clarify your rights. Your uncle can contact utility companies to reinstate services by providing necessary documents. There is no specific 120-day waiting period for managing utilities, but probate laws can affect other estate aspects.

Full Conversation

My grandmother passed away January 9th and I lived with her her house. My mother, who is the next of kin? Turned off my utilities. Isn't there a waiting period for that can be allowed
In New Mexico, there are generally no specific laws requiring a waiting period for turning off utilities after someone passes away. However, there may be local ordinances or utility company policies that could affect this.
Have you contacted the utility companies to explain your situation and seek assistance?
As of right now I cannot find a will but I'm still looking. I'm the one that lives at the residence. And there are * heirs my mom and her brother. Who has the right to handle the utilities at the residence?
In New Mexico, if there's no will, the next of kin or heirs (your mom and her brother) generally have the right to handle estate matters, including utilities. However, since you reside in the house, you may have some rights as well.
Have you discussed this situation with your mom and her brother to reach an agreement?
There will be no discussion as my mother is trying to take everything and is mad because i get * percent of the the life insurance and she only gets * as my grandmother wishes
Kelly, in New Mexico, if there is no will, the estate will generally be handled through intestate succession laws, which could grant your mother and her brother rights to make decisions about the estate, including utilities. However, since you live in the house, you could have some rights to remain there, especially if you were a dependent.
- You might consider consulting with a probate attorney to protect your interests and clarify your rights.
- Contact the utility companies to explain your situation and see if they can assist in keeping the utilities on.
Do you need assistance finding a probate attorney?
Doesnt the estate have to go through probate before they can shut the utilities off?
In New Mexico, while the estate generally goes through probate to distribute assets, utility companies may not be required to wait for probate to complete before shutting off utilities. The next of kin or executor can usually manage utilities even before probate is finalized.
Would you like help finding a probate attorney to discuss your specific situation further?
Cant my uncle have them turned back on?
Hi Kelly, yes, your uncle, as one of the heirs, might be able to have the utilities turned back on. He should contact the utility companies, explain the situation, and request reinstatement.
Would you like more information on how to proceed with the utility companies or need help finding a probate attorney?
Yes with the utility companies
Hi Kelly, here are a few steps your uncle or you can take to have the utilities turned back on:
- Contact the Utility Companies: Explain the situation and request reinstatement.
- Provide Documentation: Be ready to provide proof of your grandmother's passing and your residency.
- Request a Payment Plan: If there are outstanding bills, negotiate a payment plan.
Would you like more specific guidance on contacting these companies or help with any other issue?
What proof will they beed for residency from me
Case Rating: *
Kelly, to prove residency, you may need the following documents:
- Utility bills in your name
- Lease agreement or rental receipts
- Mail addressed to you at the residence
- Affidavit from someone who knows you live there
Would you like more detailed guidance on obtaining these documents?
What about my uncle what documents will he need
Your uncle will likely need similar documents to prove his involvement with the estate. Here are some documents that might be required:
- Death certificate of your grandmother
- Proof of his relationship to your grandmother (e.g., birth certificate)
- Legal identification (e.g., driver's license)
- Any legal documentation showing his status as an heir or representative of the estate
Would you like more information on how your uncle can obtain these documents?
There isnt documentation showing statues because it isnt in probate yet. How did my mother do it without legal documentation shoing her as an heir
Kelly, it is possible that your mother contacted the utility companies, explained the situation, and provided sufficient proof of her relationship to your grandmother (e.g., death certificate and her identification). Utility companies often allow next of kin to manage utilities without waiting for probate.
Would you like assistance on how to contact the utility companies or any other legal matter?
So my uncle can do the same and have them turned back on
Yes, your uncle can contact the utility companies and provide similar proof as your mother did:
- Death certificate of your grandmother
- Proof of his relationship to your grandmother
- Legal identification
- Explanation of the situation
Would you like more guidance on how to approach the utility companies or help with any other legal matter?
Yes how should he approach them
Your uncle can approach the utility companies by following these steps:
- Call the utility company and explain the situation clearly.
- Provide the death certificate of your grandmother.
- Show proof of his relationship to your grandmother (birth certificate).
- Present his legal identification.
- Request reinstatement of utilities and explain the urgency.
Would you like assistance with anything else?
Can you provide me with a sample conversation he could tell them
Sure, here’s a sample conversation your uncle could use when calling the utility companies:
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Hi, my name is [Uncle's Name]. I am calling to discuss reinstating the utilities at [Grandmother’s Address]. My mother, [Grandmother’s Name], recently passed away, and my sister, [Mother’s Name], had the utilities turned off.
I have the following documents to provide:
- Death certificate of [Grandmother’s Name]
- My birth certificate showing my relationship to [Grandmother’s Name]
- My legal identification (e.g., driver's license)
I am requesting the utilities to be turned back on as soon as possible because my niece, who lived with my mother, is still residing in the house.
Could you please assist with reinstating the utilities and let me know if there are any additional documents or steps required?
Thank you for your help.
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Would you like any more assistance with this or another legal matter?
Thank you. I was told that they had to wait 120 days before anything with the estate could be changed. I guess that is incorrect
There is no specific *-day waiting period for managing utility services in New Mexico after someone passes away. However, probate laws can affect other aspects of estate distribution.
Would you like more information on probate laws in New Mexico or help finding a probate attorney?