A family member stole my identity and has since passed away.

[Neff2011]

I currently live in Tennessee, and I'm not sure if the cards open were opened when I was still living in Ohio or once I moved to Tennessee. My mother passed away in October after a battle with cancer, while cleaning out her apartment I came across a credit card with my name on it, so I called the company to see why there was one in my name. They informed me that there were 2 in my name that had been maxed out and sent to collections do to not being paid. The total of the two is just over $1300. How do I go about getting them taken off of my credit record? Up until last year I was unaware to having any credit cards because me and my fiance decided to open one in both of our names so I could begin building credit, because we applied for a loan on a washer and dryer and told me that I didn't have enough credit built up to qualify. I'm so confused as to what needs to be done and how I handle this, any help would be amazing.

 

[LdiJ]

I currently live in Tennessee, and I'm not sure if the cards open were opened when I was still living in Ohio or once I moved to Tennessee. My mother passed away in October after a battle with cancer, while cleaning out her apartment I came across a credit card with my name on it, so I called the company to see why there was one in my name. They informed me that there were 2 in my name that had been maxed out and sent to collections do to not being paid. The total of the two is just over $1300. How do I go about getting them taken off of my credit record? Up until last year I was unaware to having any credit cards because me and my fiance decided to open one in both of our names so I could begin building credit, because we applied for a loan on a washer and dryer and told me that I didn't have enough credit built up to qualify. I'm so confused as to what needs to be done and how I handle this, any help would be amazing.

Are you inheriting anything from your mother? Her estate would be responsible for the debt once you get it out of your name, and therefore you might have to pay it out of your inheritance anyway, just like any of your mother's other debts would have to be paid from her estate. It might be simpler just to pay them off.

 

[Neff2011]

Are you inheriting anything from your mother? Her estate would be responsible for the debt once you get it out of your name, and therefore you might have to pay it out of your inheritance anyway, just like any of your mother's other debts would have to be paid from her estate. It might be simpler just to pay them off.

Unfortunately I am not inherenting anything, what little she had went to paying towards her medical bills.

 

[Zigner]

Are you inheriting anything from your mother? Her estate would be responsible for the debt once you get it out of your name, and therefore you might have to pay it out of your inheritance anyway, just like any of your mother's other debts would have to be paid from her estate. It might be simpler just to pay them off.

I agree - the unfortunate downside (either way) is the hit that the OP is taking on his/her credit. I don't see any easy way to prove that they're not the OP's accounts though.

 

[LdiJ]

I agree - the unfortunate downside (either way) is the hit that the OP is taking on his/her credit. I don't see any easy way to prove that they're not the OP's accounts though.

I agree, although I don't see any easy way for the credit card company to prove that they ARE the OP's accounts either.

 

[Zigner]

I agree, although I don't see any easy way for the credit card company to prove that they ARE the OP's accounts either.

Right- but it's a much bigger pain for the OP to deal with this in court than it is for the CC.

 

[Neff2011]

Are you inheriting anything from your mother? Her estate would be responsible for the debt once you get it out of your name, and therefore you might have to pay it out of your inheritance anyway, just like any of your mother's other debts would have to be paid from her estate. It might be simpler just to pay them off.

Right- but it's a much bigger pain for the OP to deal with this in court than it is for the CC.

So I would have to take them on in court to get it corrected? Great. Her getting sick already has me deep enough in debt. I can't afford to hire an attorney to fight this.

 

[Zigner]

So I would have to take them on in court to get it corrected? Great. Her getting sick already has me deep enough in debt. I can't afford to hire an attorney to fight this.

As mentioned above, the best bet for you may be to make payment arrangements.

 

[Neff2011]

As mentioned above, the best bet for you may be to make payment arrangements.

I'd love too, but keeping her house afloat, while she was waiting on S.S to kick in and cover her bills I was helping out so she wouldn't become homeless, I can't make the loan payments, and credit card payments hell, I'm still waiting on the bank to come get my car because I'm 4 months behind because of her dam disease. I appreciate the help but I can't even afford to send them 1$ a month. Glad these companies just hand cards out Willy nilly without worrying about whose life's they're going to destroy since they can't even verify who a person is

 

[Whimsy]

Glad these companies just hand cards out Willy nilly without worrying about whose life's they're going to destroy since they can't even verify who a person is

But on the other hand, we've all heard enough stories about identify theft to be aware that it can happen to anyone. We're responsible for monitoring our credit to be on the lookout for this sort of thing. Had it been caught earlier, this would be a lot easier to fix. Not to kick you when you're down, but if anything good comes of this it will be that you've learned a valuable lesson. Get into the habit of checking your credit at least once a month to look for unauthorized activity. In the future this will probably save you a lot more than $1300.00. Professional thieves will take you for a lot more than that.

 

[Zigner]

Get into the habit of checking your credit at least once a month to look for unauthorized activity.

Good advice. I would also suggest a credit monitoring service (I have three, all free through various organizations I am a member/customer of.) I recently purchased a vehicle and, while I was waiting in the office at the dealership, I received three emails stating that a credit inquiry had been made.

 

[CdwJava]

Did you ever report the identity theft to the police? That might help you get some of this straightened out. While it's not like they can prosecute anyone, many financial institutions want to see a police report in such things.

 

[quincy]

I currently live in Tennessee, and I'm not sure if the cards open were opened when I was still living in Ohio or once I moved to Tennessee. My mother passed away in October after a battle with cancer, while cleaning out her apartment I came across a credit card with my name on it, so I called the company to see why there was one in my name. They informed me that there were 2 in my name that had been maxed out and sent to collections do to not being paid. The total of the two is just over $1300. How do I go about getting them taken off of my credit record? Up until last year I was unaware to having any credit cards because me and my fiance decided to open one in both of our names so I could begin building credit, because we applied for a loan on a washer and dryer and told me that I didn't have enough credit built up to qualify. I'm so confused as to what needs to be done and how I handle this, any help would be amazing.

First, I agree with CdwJava that you should report the suspected identity theft to the police. Having this police report can be important to you later should this wind up in court (e.g., a debt collector sues you).

You should then contact all three of the major credit reporting agencies (Equifax, Experian, TransUnion) and notify them that you might be the victim of identity theft. Request that a warning be placed on your reports so that nothing can be opened in your name without your personal authorization.

You should also notify these same agencies that you are disputing two of the accounts that are showing on your report. The agencies will contact the credit card companies/collection agencies that are reporting the cards and the activity on them. TransUnion and Equifax and Experian will remove from your reports any credit accounts that are appearing erroneously and that cannot be verified by the credit card companies/debt collection agencies as belonging to you. Please note that the type of "verification" required is not much. You probably should not expect the accounts to be deleted without a court action (although the fact that you are disputing these accounts will remain on your reports for a minimum of 3 months and can be renewed).

Although the previous advice may not remove the erroneous credit accounts from your credit records, it will provide notice to others that you are disputing the accounts and that you believe you are a victim of identity theft.