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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6467
Experience:  Wills, Trusts, Probate & other Estate Matters
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my mother passed in Jan 2013 she no estate no property no monies

Customer Question

my mother passed in Jan 2013 she no estate no property no monies and just enough money in her banking account to pay funeral cost. I was a joint account holder with my mom and brother on her checking and I was joint account holder on my moms saving my brother was not on her savings. I was an authorize user on her Credit Cards which I use to help us pay medical and living cost... Me an my husband took several months off from work to care for her and a lot of it was with no pay from our jobs. I paid the credit cards out of my checking account I have all record to show this. I also have all records to show the funeral cost came from the joint account of my mothers. My brother is mad because I got a 10,000 life insurance policy which my mother left me to help pay occurred bill from the CC and other bills. Now my brother has left threatening voice mail that he will becoming after me for the life insurance money and that he will come after me for all the records on my mothers accounts and he is upset that I was an authorize user on my mothers cc account which I paid payments. He said I better be ready for the consequence because he is coming after me. Can he sue me for using my mother cc? I understand he can sue me to see records and I'm fine with that I have records to show him he can see those anytime but the threats on the VM which I have save and downloaded are very distressing... Can I counter sue for him to show me all account records from the time he took care of my mothers accounts and estate which he sold?
Submitted: 10 months ago.
Category: Estate Law
Expert:  Thomas McJD replied 10 months ago.

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

Customer:

No problem... Thank You!

TMcJD :

He Cannot Obtain Any Portion Of The Life Insurance Proceeds OR Account That Only You And Your Mother Jointly Owned. He Can Request Information Re Your Use Of The Credit Cards But As Long As You Used ThEm For Your Mothers BEnefit You Did Nothing Wrong And Have No Reason FOr Concern. You Can Request Any Information From Him That Is Relevant To Your Mothers Estate

Customer:

I have letter into the creditors for settlement payoffs... Im. in the process of taking care of the bills. If there paid what good would this do my brother to spend the money to sue me?

Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6467
Experience: Wills, Trusts, Probate & other Estate Matters
Thomas McJD and 2 other Estate Law Specialists are ready to help you
Customer: replied 10 months ago.

Maybe not all CC was used for the benefit of my mother but it was never my intention not to pay for my bills. I have already asked the creditors for pay off settlements after they confirm there is no probate. I have started this process before my brother made any threatening actions towards me. So with that I believe I'm showing good faith in taking care of the bills. Im not sure what steps to take next.

Expert:  Thomas McJD replied 10 months ago.
Well, You Were An Authorized User, So You Could Use The Cards Even FOr Your Own Benefit But Arguments Cash Be Made That You Were Really Only Intended To Serve As AN Agent Hence The Need That It Be Only FOr Your Mothers Benefit. But, You Were Authorized To Use The Cards So As Long As Use Was Primarily For Your Mother You Should Be Fine
Customer: replied 10 months ago.

Not sure what to expect but it sounds like a long costly ordeal for my brother if he decided to file.... But I will keep paying off the bills and see what questions I will have for you later as this plays out. Thank You!

Expert:  Thomas McJD replied 10 months ago.
You're welcome. I do hope it works out well for you, and yes definitely let me know if I can help with anything in the future. Thanks and have a great night!

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