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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26814
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My friend contiued to use her mothers credit card as she

Customer Question

My friend contiued to use her mothers credit card as she died before she died in late July. She has paid the balance due each month. The bank cancelled the card early this month. She did not realize that should not use it after her death( was an authorized user) She was contacted by the bank today and they wanted to talk to her about it. She was waiting for the final bill to pay it. Very small amount. Now she is concerned that they could charge her with fraud. Since the account is closed she just wants to pay what was charged in August. By the way they opened a new card in her name along with changing the joint checking just to her name.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

While they could charge her with fraud, since her right to use the card died when her mother did, she did not have the intent to defraud as she'd been paying the balance due every month. While I do not think she ought to talk to the bank about this, as she would be incriminating herself if she admitted to using it after her mother's death, they would have difficulty proving any intent to defraud the bank, since they got their money every month.

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