Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Other Law (https://www.askmehelpdesk.com/forumdisplay.php?f=190)
-   -   Stop family from using dead mothers credit cards (https://www.askmehelpdesk.com/showthread.php?t=275158)

  • Oct 29, 2008, 08:18 PM
    brickydawg
    Stop family from using dead mothers credit cards
    My mother just passed away. She had a wallet full of credit cards. I had a sister that has lived with her for years. What can I do to stop her from maxing out these cards, that she will never pay? They lived in Florida and I live in Virginia, so it's impossible for me to intercept the statements? Thanks for your help.:confused:
    Can't call the banks, as I live in a different state, can't know the names of the banks for the cards... this is my dilemma!
  • Oct 29, 2008, 08:23 PM
    Fr_Chuck

    Call the card companies ?
  • Oct 30, 2008, 05:12 AM
    excon
    Hello brick:

    Well, if you can't call the banks, you can certainly call the cops. Your sister IS committing a crime. Do you want to see her in jail?

    Besides, if there's nothing in the estate, YOU aren't going to lose anything by her behavior. If there is, when it comes time to divide it up, you can make her pay back what she took from the estate. Course, you're going to need a lawyer...

    excon
  • Oct 30, 2008, 07:53 AM
    wildandblue

    Yes if you have her death certificate and show that the purchases are made after her death, the credit card companies won't be able to collect. Maybe a security camera will help the police find out who used those cards when.
  • Oct 30, 2008, 08:02 AM
    ScottGem

    The first question is whether you want your sister to go to jail. The second question is whether you are expecting anything from your mom's estate. The third question is whether your mom left a will and who is the executor of the estate.

    If your sister is using these cards for personal use, then she is committing fraud and she will be caught and possibly prosecuted.

    If you are not expecting anything from the estate then why worry about it? But if you are you need to find out who the executor is have that person close all the accounts.
  • Oct 30, 2008, 12:11 PM
    this8384

    I'm wondering to myself: if the OP knows about the cards, and knows her sister is using them, how can she not know which companies to contact?
  • Oct 30, 2008, 12:13 PM
    ScottGem
    Quote:

    Originally Posted by this8384 View Post
    I'm wondering to myself: if the OP knows about the cards, and knows her sister is using them, how can she not know which companies to contact?

    I think what the OP is saying, is that he knew his mom had a wallet full of cards, but didn't know specifics. And that he suspects his sister will be using them.

    My daughter knows I have a lot of cards, but she wouldn't be able to tell you what they all are or what their numnbers are.
  • Oct 30, 2008, 12:19 PM
    this8384
    Quote:

    Originally Posted by ScottGem View Post
    I think what the OP is saying, is that he knew his mom had a wallet full of cards, but didn't know specifics. And that he suspects his sister will be using them.

    My daughter knows I have a lot of cards, but she wouldn't be able to tell you what they all are or what their numnbers are.

    True. Wouldn't the OP just be able to report to Equifax, Experian and TransUnion that their mother passed away on a particular date and any use after that would be fraud? Or like others have suggested, simply call the police. That's really going to be the only way to stop the sister from using a card that's not hers.
  • Oct 30, 2008, 12:37 PM
    ScottGem
    Quote:

    Originally Posted by this8384 View Post
    Wouldn't the OP just be able to report to Equifax, Experian and TransUnion that their mother passed away on a particular date and any use after that would be fraud? .

    Only the executor of th estate could do that. The credit bureaus should not take it from just anyone.
  • Oct 30, 2008, 12:47 PM
    this8384

    True again, unless she sent a letter with a certified copy of her mother's death certificate..
  • Oct 30, 2008, 05:04 PM
    ScottGem

    I'm not sure they would accept it from an unauthorized person, but its worth a try.
  • Oct 31, 2008, 11:26 AM
    wildandblue

    She definitely needs to know who is the executor because that is who will have those certified copies.
  • Oct 31, 2008, 02:26 PM
    rockinmommy

    I'd just really lean towards the criminal aspect of this. If your sister is not an authorized user on the cards she's committing frqud/theft/whatever category it falls under. You can always go back and prove what date your mom died, and the estate would have not liability for any use after that date. It's just basically a "stolen" credit card - the owner of the card just can't report it because they're dead - which is pretty irrefutable.

    Now, if your sister is an authorized user... it's a whole other ball of wax that it sounds like your mom set into motion.
  • Nov 3, 2008, 01:47 PM
    bobloblaw

    My husbands grandmother just passed away. The death notice goes to banks, so no $$ can be withdrawn, but bills (utility, and CC's I'm assuming) need to be told that the holder is deceased. If you know your months ss#, run a credit report and call the card companies. Worse case, call VISA/ MC / Discover / amex and ask what the procedure is. I hate to say it, but it happens all the time (Death), and I'm sure they're is some sort of procedure.
  • Nov 3, 2008, 05:03 PM
    ScottGem

    I've never heard of a death notice gpoing directly to the bank. Notifiyng credtros and asset holders is the function of the executor of the estate.

  • All times are GMT -7. The time now is 07:07 AM.