using deceased person credit card...not knowing it might be wrong

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scubadiving1998

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This is a long story. My father passed away in September of '06. Years ago, he opened a credit card (Visa) and put me on as an authorized user. I have a card with my name on it, but I am not to my knowledge, considered "an owner" of the credit line.

To that point, I have tried to call them many times over the years and ask questions, etc., and they respond with, "we must have "Mr. Smiths" authorization to speak to you, etc." Sometimes they answer me since I know his SS#. But they mainly acknowledge that I am not in charge of this account.

It was used by me and my mother on mad shopping sprees and sometimes my father over the years.

Anyway, when he passed away, there was approximately $9,000.00 on it. The credit line is $35,000.

I have been the person who has made the payments since the card was opened. (1991)

So, he passes away, and I just keep on using it like always and paid it like always and have racked up quite a debt. It is now at $20,000, or so.

On top of that, I have been paying off other credit cards and student loans and department store bills, trying very hard to dig my way out of debt and decided that since there is still about $15,000 of open credit remaining, I will transfer $14,000 from another card just to consolidate them and have 1 debt, and one payment.

So...the card my father opened in 1991 is up to its limit of around $35,000, but only $9,000.00 of it was on the card before he passed away.

I hope I am making this clear.

We have 3 sets of money on this card:
The original $9,000.
The $11,000 that I added by irresponsible spending and
The $14,000 that I transferred from another account

After speaking to a few friends who probably know nothing, we have come up with several questions:

1. Would the creditor (Chase Bank) forgive the $9,000.00 since this was really "his" credit with me as an authorized user if I provide them with a death certificate? It not has been a year yet since the date of his death in case that is pertinent.

2. Will the creditor forgive the second set of money, since my mother who might be considered the next rightful owner, as the wife, even though I do not believe that her name is or ever has been on this account.

3. Will this creditor keep the account open or transfer the balance of the account to my name since I transferred the $14,0000 from a card that was in my name?

4. Am I going to be in trouble for using this card after his death? It was suggested that I could be charged with identity theft or fraud since I continued to use the card after his death AND transferred more money from the other card.

Ugh...what have I done? What can I do? Does anyone know?

Could some or all of this money be wiped out since he is gone?

I am so confused. And apparently stupid.

Help please.

Thank you.:eek:
 
It may be time for you to talk to a bankruptcy lawyer.
 
Could you explain why please?

Obviously I am in debt. But if you are referring to something other than the debt, plese elaborate.

Thank you.
 
This debt is yours.

If you cannot pay it, then you need to consider bankruptcy.
 
What about the "being in trouble" part? Will they just likely close the account and continue to allow me to make normal monthly payments as I have been for all this time?

If I call them and tell them he is deceased, do you feel they will try to make me pay it right away, or just close it and accept payments?

Thank you for your response btw.
 
Call them and talk to them.

I don't know what they will say.
 
They will go after you since you are an authorized user and the agreement that your father signed likely said they can go after you.

Using the card knowing you cannot pay for it, and trying stick your deceased Dad with the bill is wrong. You should see a BK attorney. Stop spending if you cannot pay your bills.
 
Duranie. I appreciate your response, and your heartfelt comment that it is wrong to "stick" my deceased Dad with this debt.

It may have come off that way but it was so hard to write it all and explain it all since it is typing, not talking.

I only asked the questions about them wiping out the original $9,000.00 because a friend mentioned they thought that is how things happen.

I can afford to pay the bill, and I can afford to make the payments, and as I mentioned, I am feverishly trying to eliminate my debt little by little.

I took a **** class of eliminating debt and have taken this task on as he is very motivational.



My biggest concerns are the "am I in trouble part, legally I mean". Someone frightened me into believing that I could be charged with identity theft or fraud, which is why I questioned this at all.

We are an honest and very very tight family and my father was a sweet, good, loving man and I would never try to harm his reputation or the values he instilled in me.

I may be a big spender and my mother may be a big spender but I am not a liar, a thief or an a**.

Try to be a little more polite when replying to people when they write for help and advice. It might just be they are nice people who have made big mistakes, but not big crimes.

Thanks for your response anyway.
 
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I may be a big spender and my mother may be a big spender but I am not a liar, a thief or an a**.

Try to be a little more polite when replying to people when they write for help and advice. It might just be they are nice people who have made big mistakes, but not big crimes.

Thanks for your response anyway.

....

I didn't see anything in Duranie's post that was not polite.

He gave you simple, clear, and accurate legal information...which was free.:no:
 
Read the title of your post, it says "using a deceased persons vredit card" tell me what is wrong with that title?

The only advice on here you are going to get is to see an attorney. since the credit card company is very obviously not going to be able to go after your Dad, they likely will go after you. What you have done is probably not illegal but you face some big time civil and financial troubles for running up such a huge bill you cannot pay.
 
seniorjudge:

The sentence, "Using the card knowing you cannot pay for it, and trying stick your deceased Dad with the bill is wrong.", does seem impolite to me.

To each his own I guess.

And I have thanked everyone repeatedly for their help, because I know it is free and based on knowledge I do not have, and frankly, I do appreciate it.

Duranie: You ask, "What is wrong with the title"...well...worded badly perhaps, but as an authorized user for 15 years, I guess I felt that I could still use it. Actually, it never occurred to me that I couldn't until a friend of mine got all over me about it.

Anyway...thank you for your thoughts.
 
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