REPHRASE:Mom got a credit card to use for bills,med,etc.I have typed note she signed giving me permission(cont

Question

to use card whenever and however I saw fit, since she was unable to leave house due to illness. I was using the card mostly for her (medical) and our bills that were overdue.Before she passed away,knowing she was going to pass away,told me to use card after she was gone to pay for some more bills. At first, I was afraid to do this,thinking that I might get in some sort of trouble.My sister knew the banker well, the banker being the one that helped my mother get the card through them. My sister said that I could still use the card, that the banker said that they(the credit card people) didn't much care as long as they were getting their payments, which I had been paying before and after my mother died. It seems like they should be satisfied with this since they wouldn't have gotten any money from my mother. But they called,asking me to pay large payments which I can't. What can or will they do if I can't pay the larger?Why can't they be satisfied with what I was paying?

I have trouble making myself clear sometimes, so I wanted to add a few things. The card payments were about $25 a month, the woman at card place asked if I could pay $500 a month. I told her I am on disability and cannot pay that much. She asked how much could I pay, and I told her maybe 50. She said no, that she would talk to security and see if I might could pay $100 a month. I was already having problems paying bills, which is part of the reason my mother got credit card, as I didn't think I would qualify for a card. Also, please note: I AM NOT USING CARD NOW, ESPECIALLY SINCE THE PHONE CALL, AND ESPECIALLY SINCE THEY HAVE PROBABLY CANCELLED EVERYTHING OR FIXED IT TO WHERE I COULDN'T. ALSO, I NOW KNOW THAT IT WAS FRAUD, but I wasn't trying to do anything sneaky or against my mother, I was trying to help her, as I explained earlier, and I didn't think it was wrong because of what the banker said. I am on disability because of mental problems. I also want to thank all who have helped.

Also would like to add, that I know that $100 to pay a month is not as bad as going to jail. Just wanted to know mainly what is the approximate punishment if I can't pay or if they decide to charge me. About the rephrase at beginning of question-I had previously asked this question, but I thought I would start over and try to make things more clear.Thanks again, everybody. I still hope to get more answers or opinions on other people's answers if you can see the other's answers, I don't know.

Answer 1

I'm totally surprised at that banker's advice. As for your sister, she was probably just going by what the banker said.

The advice the banker should have given was for your mom to add you to her card as an authorized user. But, thats water under the bridge now.

You need to quit using the card and speak to a lawyer. Give Legal Aid a call. See if they will help you make a deal with the credit card company in repaying what you had charged with a monthly amount you can afford.

The credit card company may work with you (especially if you have a lawyer requesting it) because they would rather see the money than having to either try to sue or charging the account off.

If you do come to an agreement with the credit card company, be sure to make each and every payment on time. Even if that means eating peanut butter and jelly for dinner.

I'm sorry to see that you have been put in such a difficult position because of bad advice from a professional who should have known better.

Try Legal Aid, see if something can be worked out.

My best wishes are with you.

Answer 2

In most cities they have these companies that give free credit card help so that you can lower your debt. I would find one in your area and tell them what has happened. Because the card is not in your name and you used it after her death you might be responsible for the amount you used for your own personal use. If you live in a home that was owned by her the credit card company can put a lein out on the estate. I don't know all the circumstances so there are different answers depending on what she owned or didn't. If she had nothing in her name than they have nothing to take away. She might have given you authorization but the credit card company didn't. They can hold you responsible for use of the card. What is usually done is that you must present them with a copy of the death certificate showing that she has died. Then if she owned nothing that have to eat the debt. But you used this after the date of death. You need a financial company that offers free help to work for you in your interest, they can get the payments lowered, or what might happen is that the credit card is taken away and you then just pay off the principal of what you charged, not her costs. I hope you have receipts to show that these charges were for her and not you. If you want to keep the card the financial company can work with the credit card company to lower payments and you will pay off all that is on the card if the card is then put into your name. You cannot do this on your own you need to find a company in your area that will help you in this matter. When my father died we were not responsible for any of the debt, but then we didn't use it after her death we sent them a copy of the death certificate and that was the end, he had sold his property years before and lived in a elderly condo community. He didn't have a car or any other things for them to put a lein against. It wasn't much that he owed, but the attorney told us just to send a death certificate. If she owned property and you are in any way a beneficiary then you will have to pay the whole amount back. Still this isn't something to go to the bank for they want their money any way that they can get it you need a company that deals as I said before with credit. Good Luck.

Answer 3

Any debts or bills paid w/ her credit card prior to her death are paid through her estate.....You should not have used that card after date of death....that is fraud.....Further, all you would have had to do was send the credit card company a copy of the death certificate and the debt would have been gone if there are no assets in your mother's estate.

Once you used that card post date of death, you committed fraud. At what level depends on how much you charged after she died....

You need to send a copy of her death certificate and a letter offering to pay the amounts incurred only after her death....but you've committed a crime, so maybe you need to see a criminal attorney first

....I can see the credit card company filing charges when they find out your mother died and you kept using the card.

You got really bad advice from the banker and your sister....You need to address this head on before you end up w/ a criminal complaint.....You think a low credit score is bad.....try having a criminal record....even just an arrest w/ no conviction....that's way worse.

Answer 4

Call the credit card company and explain your situation. They may want you to try to refinance the card in your name. That way your payments can be lowered.