Legal Question in Wills and Trusts in California

Using someone's credit cards after they have passed away

My father recently passed away, leaving his estate to be divided equally between myself, and four siblings. One of my siblings somehow obtained his wallet containing his credit cards while he was in the hospital. Immediately following his death, this sibling used these credit cards for personal use (to pay her own bills, and pay off her car) What should I do about this? What are the possible legal consequences that this sibling could be facing? Thank you in advance for any information in this matter.


Asked on 12/11/07, 3:58 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Using someone's credit cards after they have passed away

It is fraud, of course, and theft. But, if the sibling inherits 1/5 of the estate, whoever is the Executor or Administrator of the estate,or the successor trustee if the assets are in a living trust, should pay the credit card bill from the estate and inform that sibling that the charges will be deducted from her portion of the estate distribution.

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Answered on 12/11/07, 4:37 pm


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