Legal Question in Criminal Law in Kansas

My Grandpa passed away on December 6th, 2010. We had some financial connections that I must now carry. Before my Uncle was legally deemed executor of his estate, he wanted to turn off my grandpas cell phone account. My name was on the account, but my Uncles was not. My Aunt or him pretended to be me to close the account. I Called the company to ask who closed it and they said I did... Which I hadn't. Now a bank that my Grandpa and I had a joint account through says I called on JAN 18TH to switch the account solely into my name... I Last contacted them on the 4th. Isn't pretending to be someone in this fashion considered fraud? Can I do anything about it?


Asked on 1/21/11, 8:29 am

1 Answer from Attorneys

Anthony Smith LawSmith

I am sorry to hear of yrou loss. It sounds like you two were close.

Impersonating someone for financial gain is a crime and can be the basis for civil liability, if a loss is suffered. However, in your case, the Personal Representative (Missouri stopped calling them executors years ago) can termiante ongoing service contracts, such as cell phone accounts, etc. They may also dissavow an interest in a bank account on behalf of the decedent (but can be liable to agreived heirs) Is it possible that the bank account was such that the funds went to the survivor upon the death of the other accoutn holder? Many are. Your uncle may have just told the bank that Granpa died, and the bank converted the account to just your name. The Probate code allows them to do this, so as to stop or lessen potential liability of creditors of the estate. You indicated that your uncle had not yet been appointed PR. Some of the things that PRs can do, Probate judges allow potential PRs to do. If the person is not appointed, they cannot always rely on this custom to escape personal liability.

If you suffered personal loss, or your interest as an heir at law, or devisee under Grandpa's will was lessened, you may bring suit in the Probate case. In some instances you may bring a seperate suit altogether.

Good luck

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Answered on 1/26/11, 10:11 am


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