I need legal advice on an account for a credit card. Only the knowledgeable and serious answer please.?

Question

On 9/11/07 my 86 year old father passed away.My father has 2 seperate credit card accounts from the same bank in his name only.My disabled sister has a credit card on both these accounts in her name but dad being the owner / primary.His wife, my 82 yr old mother, does not have her name as co-primary or as has any credit card with her name on it.Mom never ever had a credit card.My father 2 years before he passed away, letter stating that in the past,present, & in the future, his wife,son & daughter have his permission & authorithy to use & sign his name or their names to any & all accounts in his name ,then we all signed & notorized. He was viewed as competent at this time & there wasnt any compentency report prior or up to the notorized date on this letter. In probate court, months after this letter was notorized, my father,now viewed as incompetent,My mother competent but they have a limited guardian of there estate. SO AFTER THE 9/11/07 DEATH ARE CHARGES ON THESE CR. CARDS FRAUD?

Answer 1

Debts in his name ONLY are NEVER inherited. If his assets are not sufficient to pay the debts, they DON'T get paid. However, EVERYTHING he owned must be applied to his debts before his heirs inherit anything. This includes his share of any jointly owned property (such as a house). You should have EVERYTHING reviewed by an attorney. Any answer based on the information you provided that goes beyond general comments would be malpractice.

Marc X is WRONG about a Power of Attorney as it relates to credit cards. Depending on how it is written, a Power of Attorney CAN grant the Attorney in fact ALL authority possessed by the Principle. However, the Power of Attorney is NULL and VOID at the moment of death.

Answer 2

Let me get this straight... Two credit card accounts, both in your father's name only. Your sister is listed as an authorized user.

Once your father died, the credit card account was no longer valid. The account was an agreement between the bank and HIM. Without him, there is no longer a valid agreement.

No letter from him, competency nothwithstanding, can change the agreement. The bank did not agree to the change and, as one of the parties involved, MUST agree to it.

That your sister (or anyone else) has been using this account without detection does not change the fact that it is fraudulent. As long as the account remains satisfied, the bank suffers no loss and, therefore would press no charges. But if aware, they would summarily close the account.

Power of Attorney has no standing in credit card accounts.

Answer 3

Yes, charges on the cards after his death are credit card fraud. The notarized agreement doesn't mean anything unless the bank signed it.