Legal Question in Wills and Trusts in California
The successor trustee of my dad's estate has apparently using my dad's credit cards after his death. No question..this is fraud, but my real concern is that the estate be held responsible?
3 Answers from Attorneys
You should have an attorney help you with this.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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A person cannot incur debts for himself or his estate after his death. The credit cards were basically cancelled by his death. In addition, fraudulent use of credit cards is subject to a $50 limit. Notify the CC companies of your father's death, and call the police on the executor. Then find an attorney to help from there.
You need to speak with an attorney. The trustee can be sued, and "surcharged" to reimburse the trust estate, if necessary.