Legal Question in Family Law in Indiana

My mother is 94 years old and lives alone, still takes care of her business for the most part. I am POA and appointed executor. My question concerns something that is happening now. My brother and his wife got Mom's credit card at Christmas for some shopping . they used it and paid the bill for 2 consecutive months, then they kept using it for everything of theirs. Now they have the credit card bill over $8000 and pay maybe about $1000 month. My question is will my brother be responsible to pay that bill when my mother dies. I think that they feel that they won't have to pay it. AS executor can I take the balance from his part of what is left of Mom's assets. i just feel like they are taking advantage of an elderly woman, of meager means who lives on SS and a small pension from my father's retirement.


Asked on 6/17/14, 2:59 pm

2 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

Do they have her permission to use the card ? After you find this out, if the answer is no, report the theft to the police . If they do, and the use is a gift , you have no right to do anything to retake a gift upon death.

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Answered on 6/26/14, 2:32 pm


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