How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Pro Your Own Question

Law Pro
Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 23825
Experience:  20 years trial experience in defense of criminal cases
11688690
Type Your Criminal Law Question Here...
Law Pro is online now
A new question is answered every 9 seconds

I would like a legal opinion on a situation to do with my husbands

Resolved Question:

I would like a legal opinion on a situation to do with my husband's ex-wife. They divorced in 2007 and have yet to settle their property issues. She came into some inheritance back in 2008 of roughly $1 million in real estate and $500K in mutual funds. She has gone through all of this cash because she is an irresponsible alcoholic spendthrift.
We know she ran out of this money last fall and have been wondering where she is getting money now to pay her bills. We received a call at home last week from a collection agency
looking for her deceased father. Apparently there is a delinquent loan in his name and his SSN. I don't know why we would be listed as a reference phone number for someone who died in 2007 but anyway that's what happened. We informed the agency that this person was my husband's ex father in law but that he had been dead for some years.
Does it sound as if she might have obtained a loan using his SSN to get money? How could someone do this? And is this illegal for her to do? We do not know if we should inform my husband's divorce attorney of this matter,if it would be relevant to their property settlement and setting of spousal support if any.
Thank you for any input you can give.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Pro replied 1 year ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


Sorry for your situation.

It could be that the ex father-in-law had an debt and they weren't properly noticed by the probate court.

Also, more likely, that she used his information and wrongfully and illegally got a loan in his name using his personal information. I realize that this might come as a shock to you but it's done all the time by heirs OR even people trying to steal the decedent's identity (ie. identity theft).


Does it sound as if she might have obtained a loan using his SSN to get money?


Yes. She or someone else using his personal information.

How could someone do this? And is this illegal for her to do?

As stated, it's done all the time - identity theft. Yes, it's illegal and would be even for her - it's fraud and theft by deception at the very least.

We1 do not know if we should inform my husband's divorce attorney of this matter,if it would be relevant to their property settlement and setting of spousal support if any.
Thank you for any input you can give.


Yes, I would inform your attorney about the matter - any leverage is good leverage. He can investigate.

If the collection agency calls again - get the person's name, company, address, telephone number and reference number of the matter so that you can give the information to your attorney for easier and further investigation.

If you have any further questions, please feel free to let me know…

You can always ask for me in your question, “This question is for Law Pro . . (then on with your question) . . . .

Please press the Accept Button(and the Smiley Face if prompted :) if I have helped you today so I am credited for my time assisting you.
Customer: replied 1 year ago.


I do know that the father in law had a trust when he died and she was the person administering the trust. The assets he had were transferred to a trust in her name and so I know his trust has been terminated. He might have had an unused line of credit that she kept open but that's pure speculation. Do you find it odd that my husband 's home phone number would be listed as an additional contact? He has only had that number since June 2008 and the father in law died in 2007.


thanks again for the quick reply!!


 

Expert:  Law Pro replied 1 year ago.
Yes, I do find that interesting.

However, from personal experience - somehow collection companies contact ex spouses (especially when the ex spouse is the husband and she went by that name instead of her maiden name).

Collection companies contact anyone in that geographical area sometimes.


As to the trust - I can't say for certain what's going on there. But it would appear that your suspicions are probably correct that she wrongfully used his information and name to get a loan. But I can't be certain.

Given your thoughts about her money spending - she probably did use her father's information to take out a loan (even temporary loan) which she can't now repay or is in default.

I just can't say for certain what the facts are - but the collection company is pursuing a defaulted loan and since the father's dead - she or the estate is liable to repay the loan.



Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 23825
Experience: 20 years trial experience in defense of criminal cases
Law Pro and 9 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.