Legal Question in Wills and Trusts in California

credit card use after parent's death

can a heir use the parents's credit card after their death or use a line of credit?


Asked on 11/04/07, 10:14 pm

3 Answers from Attorneys

Ryan P. McClure The Law Offices of Ryan P. McClure

Re: credit card use after parent's death

The cards should have been closed during the probate process. The answer to your question is �no� they cannot be used.

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Answered on 11/05/07, 7:20 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: credit card use after parent's death

He can, but it is credit card fraud and fraud of the estate.

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Answered on 11/04/07, 10:56 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: credit card use after parent's death

Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.

The answer to your question is no. Having said, that, many heirs do use a credit card, but doing so is fraud, and credit card accounts are supposed to be closed as part of the probate process.

I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can. Thank you.

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Answered on 11/05/07, 2:12 pm


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