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Oklahoma Association of Municipal Attorneys

CITY SERVICES ACCOUNT

Jon Miller

Wed, Dec 15, 2021 8:45 PM

Counselors:

Is anyone aware of a provision of state law that prohibits a city from requesting that a surviving spouse have utility and other monthly services moved out of the deceased spouse's name and into their name? A utility account is in the name of one spouse, who is now deceased and nearly a year has passed since death. The surviving spouse refuses to move the account out of the name of the deceased spouse and tells the utility billing department that requiring that would violate Oklahoma law. No probate has been filed and there are apparently no plans to file a probate. The real property was in joint tenancy and is now owned by the surviving spouse. City ordinance does not require or set a time for utility to be moved out of name of a deceased owner/occupant and moved into the name of surviving owner/occupant.

Based on my review:

Ordinance does not establish a definite term for any agreement, but does require the "owner or occupant" to obtain service.
Deceased spouse is no longer an owner or occupant.
A contract without a definite term can be terminated by either party on reasonable notice.
Where a contract provides for payment monthly, 30 day notice is reasonable.
Failure to request termination of a contract with a deceased person could support an inference that the contracting party intends to look to the estate for payment.
No state law or regulation was found addressing any requirement that a utility account be left in the name of a deceased spouse.

I am comfortable that the City can and should request the existing account be terminated and require that the surviving spouse establish service under their name . However, I would like to see if anyone is aware of any state law or regulation that requires an account be left in the name of a deceased spouse.

Thanks,

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

Counselors: Is anyone aware of a provision of state law that prohibits a city from requesting that a surviving spouse have utility and other monthly services moved out of the deceased spouse's name and into their name? A utility account is in the name of one spouse, who is now deceased and nearly a year has passed since death. The surviving spouse refuses to move the account out of the name of the deceased spouse and tells the utility billing department that requiring that would violate Oklahoma law. No probate has been filed and there are apparently no plans to file a probate. The real property was in joint tenancy and is now owned by the surviving spouse. City ordinance does not require or set a time for utility to be moved out of name of a deceased owner/occupant and moved into the name of surviving owner/occupant. Based on my review: * Ordinance does not establish a definite term for any agreement, but does require the "owner or occupant" to obtain service. * Deceased spouse is no longer an owner or occupant. * A contract without a definite term can be terminated by either party on reasonable notice. * Where a contract provides for payment monthly, 30 day notice is reasonable. * Failure to request termination of a contract with a deceased person could support an inference that the contracting party intends to look to the estate for payment. * No state law or regulation was found addressing any requirement that a utility account be left in the name of a deceased spouse. I am comfortable that the City can and should request the existing account be terminated and require that the surviving spouse establish service under their name . However, I would like to see if anyone is aware of any state law or regulation that requires an account be left in the name of a deceased spouse. Thanks, Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.