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

I would like a legal...
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.
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Answered in 15 minutes by:
5/8/2013
Law Pro
Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 24,870
Experience: 20 years trial experience in defense of criminal cases
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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.

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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.
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Customer reply replied 4 years 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!!


 

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.



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