Pulling CR for deceased family member?

[Anonymous]

I'm inquiring on this for a family member.  Family member a had her father pass away in the last month, we suspect there is some foul play with the executer of the estate not revealing enough information about the accounts.  Can family member a pull a credit report from CK on her father without any legal issues?  The executer will not obviously provider the details, so we thought a credit report may be the best to show accounts etc.  May be a off the wall question but wanted to confirm first.

[RobertEG]

No party other than the consumer may pull their credit report unless they have express permission of the consumer, or they have a permissible purpose.

Express authorication of the consumer is obviously not possible, leaving only a stated permissible purpose.

The authorized permissible purposes are clearly set forth in FCRA 604.

Upon review of section 604, the only relevant permissible purpose would appear to be section 604(a)(1), which defines the circumstance:

"In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grant jury."

You would apparently need to file a motion before the court for an order permitting your receipt of the credit report.

I would consult an attorney regarding the appropriate court having jurisdiction to issue such an order.

I would expect the court to call a hearing on the matter, thus pulling the executor into the fray.  It could get ugly.

I would suggest that before motioning the court, you send a letter to the executor requesting the copy. That may be important should you find yourself before a judge.

[Anonymous]

RobertEG, you said it perfectly. Couldn't have said that better myself.