Expert: Michael Brotherton - 10/12/2008

Question
My mother passed away earlier this year and she had some credit cards that had balances.  I had live with my Mother for six years in her house due to her health problems.  She had one credit card with Chase that she had a card made up with my name on it for emergencies.  Whenever I would call Chase with questions about the account for my mother they would not speak with me until they received a verbal okay from Mom to speak with me as I was not authorized to speak to them for the account.  When she passed away I made a specific point of calling Chase to find out if I was authorized for the account the rep said no I was not and to speak with them I had to send in the legal documents confirming me as her estate executor.  I have not paid anything on the account as I can't afford all of the cards.  She did leave me the house which has been through probate, signed and returned through my lawyer.  Pulling up my credit report the other day I found the account on my credit report as bad debt that has been charged off.  This is ruining my credit......can they do this or can I dispute it?

Answer
You may dispute the item on your credit reports through the credit bureus. Inform them you are disputing the debt on the basis that you were just an authorized user. They should remove the item from your credit. If not, you may file suit against the credit bureaus and the creditor and potentially receive damages if it has affected your credit. If they do not remove the item seek legal counsel from a qualified expert on consumer protection laws.

NOTE- Make sure you send the dispute letters by certified mail, return receipt requested.