How to prove a sister who pased away owes monies

[Lindha]

My Mother-in-law let her sister use her Visa and her sister just passed away. Only one of the remaining sister's was left the entire estate. My mother-in-law doesn't have any proof of the charges only the receipts that Visa told me are kept by the stores. There are two stores involved and I already spoke to one, they stated they keep records for four weeks. Haven't spoke to the other store yet. The sister also paid my mother-in-law in check, made out to my mother-in-law for payment on the charge. How would we access the sister's checking account? The balance is $6300. and I might add my mother-in-law is ninety years of age. And believe me both my husband and I both have told her no more letting anyone use your credit cards.

Thank you.

 

[JETX]

US Law Only!!

 

[Lindha]

Sister passes away owing monies

State: New Jersey

In response to comment about "surrender"!

I hope and pray there is an answer to my mother-in-law's problem. I believe there is, it may take some time but with truth and fairness on our side; we are not "surrendering"!

Thank you for everyone who has viewed this question.

 

[anteater]

In response to comment about "surrender"!

That is Jetx's signature line. It wasn't part of the response to your question.

I will have to leave to others to comment about how to get Visa/the stores to cough up copies of of the charge slips.

However, no, you can not access the deceased sister's checking account. Your MIL's recourse is to file a claim as a creditor with the executor of the deceased sister's estate.

 

[Lindha]

claim as creditor

In New Jersey how to do you put a "claim as creditor" as was stated in the answer to my question. Second, do you need an attorney in order to do this; if not how to obtain needed forms for this action.

 

[anteater]

From the NJ statutes:

3B:22-4 Limitation of time to present claims of creditors to personal representative; discharge of personal representative where claim is not duly presented before distribution.

3B:22-4. Creditors of the decedent shall present their claims to the personal representative of the decedent's estate in writing and under oath, specifying the amount claimed and the particulars of the claim, within nine months from the date of the decedent's death. If a claim is not so presented to the personal representative within nine months from the date of the decedent's death, the personal representative shall not be liable to the creditor with respect to any assets which the personal representative may have delivered or paid in satisfaction of any lawful claims, devises or distributive shares, before the presentation of the claim.

 

[Dandy Don]

Contact the county courthouse probate court or surrogate court to find out if there is a special form for creditors to fill out or whether you have to prepare your own letter to accomplish this.