Father died and son had opened credit cards in fathers name without permission.

[TexasCowgirl]

What is the name of your state (only U.S. law)? Texas.
My father-in-law died just recently. Prior to his death, my brother-in-law decided to take out four credit cards in his dad's name only. He did this several years ago and has been paying the bills each month regularly. My father-in-law did find out a year or so ago when he was buying a new house and they ran a credit check. He was extremely surprised, but of course did not want to press charges on his son even though he had racked it up to about $50,000 in total charges. Recently my father-in-law died and now my brother-in-law wants the death certificates for which I feel sure he wants to send them to the credit card companies to show that the owner of the cards is deceased in hopes that he will not have to finish paying off the bills. This has made me and my husband extremely mad because neither one of my mother-in-law or my father-in-law got any benefit out of those cards as everything bought was bought by my brother-in-law. Is there a way for us to inform the credit card companies of this issue in turn forcing my brother-in-law to pay his own debt.

 

[Antigone*]

What is the name of your state (only U.S. law)? Texas.
My father-in-law died just recently. Prior to his death, my brother-in-law decided to take out four credit cards in his dad's name only. He did this several years ago and has been paying the bills each month regularly. My father-in-law did find out a year or so ago when he was buying a new house and they ran a credit check. He was extremely surprised, but of course did not want to press charges on his son even though he had racked it up to about $50,000 in total charges. Recently my father-in-law died and now my brother-in-law wants the death certificates for which I feel sure he wants to send them to the credit card companies to show that the owner of the cards is deceased in hopes that he will not have to finish paying off the bills. This has made me and my husband extremely mad because neither one of my mother-in-law or my father-in-law got any benefit out of those cards as everything bought was bought by my brother-in-law. Is there a way for us to inform the credit card companies of this issue in turn forcing my brother-in-law to pay his own debt.

Your FIL basically acknowledged that debt when he did not file an identity theft claim at the time he purchased the home. You can certainly call the CC companies, but who know if that will get you anywhere.

Texas is one of the states that sometimes does things a bit differently. I hope one my Texan friends comes around shortly. They may have a different spin on things.

Sorry for your family's loss.

 

[TexasCowgirl]

Thanks

Do you know if the debt will go to my mother-in-law?

 

[Some Random Guy]

The fathers debts must be paid before his estate can be distributed. So if he has any assets, such as bank accounts, real estate, automobiles, valuable collections, they will need to be used to pay off the debts before the mother in law or other designated heirs can be paid.

 

[Dandy Don]

You need to file a complaint with the credit card companies about what this person has done so they can perhaps investigate, a result of which may turn out that his ESTATE will not be erroneously charged with this debt, thus leaving more money for the legal heirs. Someone should have ratted him out long ago.

DANDY DON IN OKLAHOMA ([email protected])

 

[justalayman]

You need to file a complaint with the credit card companies about what this person has done so they can perhaps investigate, a result of which may turn out that his ESTATE will not be erroneously charged with this debt, thus leaving more money for the legal heirs. Someone should have ratted him out long ago.

DANDY DON IN OKLAHOMA ([email protected])

did you miss the part where dad learned of the credit cards and refused to do anything? At that time, dad accepted liability for the debts and now the estate is stuck with it.

In other words, dad gave his permission for son to use the cards at that time.

 

[TexasCowgirl]

Thanks to all that has replied as this has been very helpful.

I think that my brother-in-law thinks that the debt will just go away if he shows proof of his father's death by showing the death certificate. If he thought that my mother-in-law would be stuck with the debt, he would continue to pay the debt off himself. Now if the debt becomes payable in full, then I am not sure what he would do. I am seriously thinking about contacting the credit card companies and explaining the situation to see what they have to say about it though. Your comments have really helped me to understand what might happen though. I totally agree with the comment that the "jerk" should have been turned in a long time ago though. Had he done that to me, he would be in prison now and if there was a way for that to happen now and I had anything to do with, he would be in there now for this. Thanks again.

 

[justalayman]

=TexasCowgirl;2343112]I think that my brother-in-law thinks that the debt will just go away if he shows proof of his father's death by showing the death certificate.

it could happen. As well, if bro tossed on life insurance coverage, there could be insurance to pay the balance.

 

[Texas Pooh]

TexasCowgirl,

Has probate been opened? Who is the administrator or executor/trix? That person needs to decide what to do in this situation.

There are several important issues. First, the debt is now the estate's. Brother in law has no obligation to pay the debt, and the credit card company will not look to b-in-law to pay. The credit card company will want the balance in full.

The estate must pay the debt. Thus, any assets of the estate - including any real property, like a house - is potentially available to pay the debt. Your mother-in-law is not personally liable for these debts (she doesn't have to pay) BUT she can not receive any assets (including, for example, her house) that father-in-law owned until the issue is addressed through probate.

Do not call the credit card companies. It's only going to cause problems. Let the administrator/executor/trix do it. If, as suggested, there is insurance on the accounts, the accounts will be closed without payment. If there is not, they will file claims in the probate, and the matter will be addressed as part of probate.