[scubadiving1998]

This is a long story. My father passed away in September of '06. Years ago, he opened a credit card (Visa) and put me on as an authorized user. I have a card with my name on it, but I am not to my knowledge, considered "an owner" of the credit line.

To that point, I have tried to call them many times over the years and ask questions, etc. and they respond with, "we must have "Mr. Smiths" authorization to speak to you, etc." Sometimes they answer me since I know his SS#. But they mainly acknowledge that I am not in charge of this account.

It was used by me and my mother on mad shopping sprees and sometimes my father over the years.

Anyway, when he passed away, there was approximately $9,000.00 on it. The credit line is $35,000.

I have been the person who has made the payments since the card was opened. (1991)

So, he passes away, and I just keep on using it like always and paid it like always and have racked up quite a debt. It is now at $20,000, or so.

On top of that, I have been paying off other credit cards and student loans and department store bills, trying very hard to dig my way out of debt and decided that since there is still about $15,000 of open credit remaining, I will transfer $14,000 from another card just to consolidate them and have 1 debt, and one payment.

So... the card my father opened in 1991 is up to its limit of around $35,000, but only $9,000.00 of it was on the card before he passed away.

I hope I am making this clear.

We have 3 sets of money on this card:
The original $9,000.
The $11,000 that I added by irresponsible spending and
The $14,000 that I transferred from another account

After speaking to a few friends who probably know nothing, we have come up with several questions:

1. Would the creditor (Chase Bank) forgive the $9,000.00 since this was really "his" credit with me as an authorized user if I provide them with a death certificate? It not has been a year yet since the date of his death in case that is pertinent.

2. Will the creditor forgive the second set of money, since my mother who might be considered the next rightful owner, as the wife, even though I do not believe that her name is or ever has been on this account.

3. Will this creditor keep the account open or transfer the balance of the account to my name since I transferred the $14,0000 from a card that was in my name?

4. Am I going to be in trouble for using this card after his death? It was suggested that I could be charged with identity theft or fraud since I continued to use the card after his death AND transferred more money from the other card.

Ugh... what have I done? What can I do? Does anyone know?

Could some or all of this money be wiped out since he is gone?

I am so confused. And apparently stupid.

Help please.

Thank you.

[fingerthing2007]

Im afraid what your doing is illegal when a person dies usually the debt dies with them. I suggest you find away to pay this debt off straight away cut the card up never use it again this is serious stuff and you could go to jail

[scubadiving1998]

1. Why does it say, "report inappropriate post" next to the #2 in your response?

2. Could you elaborate a little? I mean, it's not like I killed him, stole the card and went to Bora Bora. I am guessing that jail is a bit of an overpunishment for this, since I was an authorized user and all. I didn't do anything on purpose like a scam. Sheesh.

Anyone else have some help for me please?

[J_9]

1) Report inappropriate post simply means that if you think the answer is inappropriate you report it to us moderators and we review it to decide if it is inappropriate.

2) I would like to answer this question, but I am not sure if this would constitute identity theft since you continued to use it after his death when he was the main cardholder.

[Fr_Chuck]

1. Would the creditor (Chase Bank) forgive the $9,000.00 since this was really "his" credit with me as an authorized user if I provide them with a death certificate? It not has been a year yet since the date of his death in case that is pertinent.

2. Will the creditor forgive the second set of money, since my mother who might be considered the next rightful owner, as the wife, even though I do not believe that her name is or ever has been on this account.

3. Will this creditor keep the account open or transfer the balance of the account to my name since I transferred the $14,0000 from a card that was in my name?

4. Am I going to be in trouble for using this card after his death? It was suggested that I could be charged with identity theft or fraud since I continued to use the card after his death AND transferred more money from the other card.

Thank you.

No as a authorised user and using the card since his death and paying since his death you will be fully liable for all the death. You needed to notify them at his time of death. They may close the account if they wish when notifed of his death. So notify them at once of his death, and keep paying the bill.

[scubadiving1998]

Do you think that they will be happy with my just paying the debt montly as I have been?

Thank you for your help.

[svmjw]

I have same situation now. What was the outcome? Where criminal fraud charges brought?

[EPERKI]

An authorized user is NOT responsible for credit card debt of a deceased person. The exception would be if the person continued to use the card after the account holder's death, in which case they could be held liable for those charges only.
And then you could explain the situation to the card company and if your credit rating us up to par they may transfer card in your name as the primary cardholder.Credit card companies love people like you.. you keep them in business with your spending habits. You are and should report the death and I believe you can work it out with the card company. As long as the card is current or payment arrangements are being made.. no laws have been broken. Good luck to you.. Check the laws for your State.

[ebaines]

I agree with EPERKI that an 'authorized persomn" is not responsible for debt on the card at the time of the person's death. However , the dead person's estate IS responsible. So what the credit card company would most likely do is sue the father's estate for the $9K that was owed when he died, and also likely demand immediate repayment of the remaining $25K from the OP since it was obtained under false pretenses.

[vgzhary1]

First you will not get in trouble for using the card! You should had called the credit company as soon as your dad passed they would've cancelled the debt and later asked if you wanted to keep the card under your name! I know this because I did this when my dad passed I called to cancel his card I was not on his card but the asked me if I wanted to keep the card and put it under my name!

Second you should cut the card up and finish paying and later cancel the card that's to high of a limit and because you are on the card it shows up on your credit score! Check your credit and you will see it's there!

[cacgls]

So what if you were not an "authorized user" but a POA and continued to use the card after the death?

What is that called?

What would be the punishment?"

The card has less than $5,000 on it and the monthly payment always was paid in a timely manner.

What would one expect to happen?

[ebaines]

so what if you were not an "authorized user" but a POA and continued to use the card after the death?

What is that called?

It's called fraud. The POA ends upon death of the grantor. The holder of the PoA has no authority to continue to deal with the decedant's finances.

What would be the punishment?

Depends on how large the fraud is. Could befine and/or jail time if significant, or civil penalties if the person is sued by the executor of the estate or its heirs.

What would one expect to happen?

At the very least I would hope that the executor (who has a fiduciary responsibility to administer the decedant's estate and maintain its value for the heirs) would either press criminal charges or sue the person.

[GotChaBRo]

It G buy me some stuff on that card bro