Creditors and Bankruptcy/Death and a credit card

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Expert: Regan Shinski - 5/2/2010


Question
Hello there, I have a question from upstate NY. My father recently passed away 2 weeks ago. I have the Power of Attorney and the Executor of his estate. My name had been put on everything before he died,or so thought. Right before he died he told me to use his Discover card to pay for his funeral cost and any other cost that might be needed such has food,rental trucks,and dumpsters for the estate. He also said that when he did the life insurance he made sure there was extra to pay off the card when it comes then I can close it out( i have 2 siblings also in the life insurance policy). Well holy crap come to find out I don't think I was an authorized user, either he forgot or something because I called Discover and the card is in the probate dept. This means I used the card illegally. I am really hoping that the check comes tomorrow so I can get them paid off. What should I do or expect?? police at my front door or something?? Need some good advice on this one.

Answer
Hi Rob.  Sorry for your loss, I know having to handle all this stuff doesn't help.  

There are times like this when criminal charges do happen.  However, those are usually cases where cards were used or checks were cashed for much longer and MANY more times than your situation.  I would be surprised if a criminal complaint is filed and if it is, I do not believe any judge or jury would convict you.  However, do NOT use it again!  It's when the survivor uses the card obviously KNOWING the card holder was deceased is when criminal charges become likely.

I do believe you would find yourself in a lawsuit if it is not paid though.  This may take a while and may depend on how much was charged but if they can link you to the charges after the death, they can try and take it out of probate and into civil litigation against you.

I'm not sure anything on this is imminent so if you are literally thinking you should receive a check that you can pay the balance with in a few days, you should be ok.

Good luck, please let me know if the situation changes.

Regan

Creditors and Bankruptcy

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Regan Shinski

Expertise

I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit reporting.

Experience

Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports. Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry. I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA). I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage. In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.

Education/Credentials
BA - University of Minnesota

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(private)

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