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my sister and brother-in-law have used my mothers credit cards,

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my sister and brother-in-law have...
my sister and brother-in-law have used my mother's credit cards, after her death, and have charged over $12,000. One of the cards had payment protection on it. A claim was made. the date of her passing was given as 2 months after the actual date of her death. The payment protector paid for the entire amount on the account, in the amount of over $8000. I am the executor of my mother's will. what are my options
Submitted: 8 years ago.Category: Legal
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Answered in 3 minutes by:
6/17/2010
Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27,690
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-Did the estate lose any money in any these shenanigans?

Is there still money owing from your sister's charges?

Is your sister due to inherit under the will?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.

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Customer reply replied 8 years ago
As of now, the estate hasn't lost any money. My sister, did however take $8000.00 from my mother's checking account.
The estate has begun receiving request for payment on the outstanding balances on 2 of the cards. I have denied payment and informed the companies that the charges were fraudulant.
My sister is due to inherit, she is also the trustee of the will.
Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago

Dear JACUSTOMER - Obviously your sister committed a crime. As executor of the estate it is your responsibility to manage the affairs of the estate, not to prosecute your sister although you have a right as any citizen would, to report her to the police. If the estate has lost money due to any of this you can deduct the amount from whatever your sister is scheduled to inherit from the estate.

 

You indicated that the insurance paid off the CC so that would not be a loss to the estate however the CC company may have an issue with your sister. At this point I would withhold any distributions to your sister from the estate until the CC issue is resolved. I'm not certain where the $8000 comes in with respect to the CC issue. If that is something in addition to the CC issues then that would also have to be deducted from your sister's inheritance.

 

If you are the executor then you control the estate so I would simply not distribute anything to your sister until this is all resolved.

 

Dave Kennett

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