Identity theft by deceased relative

[Anonymous]

My mom passed away recently and we discovered that she was responsible for 7 closed, delinquent, charged off credit card accounts that are in my uncle's name. They lived together and their finances were intertwined (joint checking account and auto loan).

My uncle claims he did not sign up for or know about any of these 7 accounts (there are other accounts he did know about, but that's another topic...).

What is the dispute process here for my uncle? I assume there's no need to file a police report or anything official like since my mom is no longer living. Also, her estate is insolvent.

Any help is greatly appreciated!

[Jnbmom]

Were these accounts in both their names or just his ?

I realize they shared finances did she know all his personal information? Such as social and even drivers license numbers are used a lot these days. Texts to  cell to verify info etc?

it is really hard these days to prove fraud with everything online , not like the old days where you mailed  and signed applications😞

With her being deceased this may be a losing battle 🥺

[blindambition]

@Anonymous wrote:

My mom passed away recently and we discovered that she was responsible for 7 closed, delinquent, charged off credit card accounts that are in my uncle's name. They lived together and their finances were intertwined (joint checking account and auto loan).

My uncle claims he did not sign up for or know about any of these 7 accounts (there are other accounts he did know about, but that's another topic...).

What is the dispute process here for my uncle? I assume there's no need to file a police report or anything official like since my mom is no longer living. Also, her estate is insolvent.

Any help is greatly appreciated!

---

I think a police report would be required. I think a legal consult would be wise. Maybe @RobertEG  could better answer.

[Jnbmom]

---

@blindambition wrote:

---

could better s@Anonymous wrote:

My mom passed away recently and we discovered that she was responsible for 7 closed, delinquent, charged off credit card accounts that are in my uncle's name. They lived together and their finances were intertwined (joint checking account and auto loan).

My uncle claims he did not sign up for or know about any of these 7 accounts (there are other accounts he did know about, but that's another topic...).

What is the dispute process here for my uncle? I assume there's no need to file a police report or anything official like since my mom is no longer living. Also, her estate is insolvent.

Any help is greatly appreciated!

---

I think a police report would be required. I think a legal consult would be wise. Maybe @RobertEG  could better answer.

---

Yes a police report would be wise, but honestly how to prove if she is deceased, not saying it's impossible but it seems it would be hard to do unless I am missing something ?

[Anonymous]

These accounts were in his name only. Yes she knew his social security number, etc to open the accounts and she received all the mail so he wasn't seeing them. 

[Jnbmom]

---

@Anonymous wrote:

These accounts were in his name only. Yes she knew his social security number, etc to open the accounts and she received all the mail so he wasn't seeing them. 

---

Darn that's tough , not sure how to prove it hopefully someone has some insight 😞

[blindambition]

---

@Jnbmom wrote:

---

@blindambition wrote:

---

could better s@Anonymous wrote:

My mom passed away recently and we discovered that she was responsible for 7 closed, delinquent, charged off credit card accounts that are in my uncle's name. They lived together and their finances were intertwined (joint checking account and auto loan).

My uncle claims he did not sign up for or know about any of these 7 accounts (there are other accounts he did know about, but that's another topic...).

What is the dispute process here for my uncle? I assume there's no need to file a police report or anything official like since my mom is no longer living. Also, her estate is insolvent.

Any help is greatly appreciated!

---

I think a police report would be required. I think a legal consult would be wise. Maybe @RobertEG  could better answer.

---

Yes a police report would be wise, but honestly how to prove if she is deceased, not saying it's impossible but it seems it would be hard to do unless I am missing something ?

---

I agree with your logic. I think the CRA would still require it, but proving will be difficult. Not necessarily impossible. Depending on health and capacity of uncle. Which is why I would think legal consult would be wise.

[Anonymous]

There wasn't a health or capacity issue. Just trust that was abused. 

[sarge12]

---

@Anonymous wrote:

There wasn't a health or capacity issue. Just trust that was abused. 

---

Identity theft is a crime, so a police report is needed, even if the guilty party is deceased. Proof of death is obtained by getting a copy of the death certificate. Now whether or not your Uncle can prove that he did not sign his name to the loan documents is another matter, but a criminal complaint for identity theft will certainly be needed to get it removed from a credit report. If he never signed the documents, and she forged his name, I would imagine a handwriting analysis could show that. It might be removed based on his signed affadavit, and put the burden of proof on the lender to prove he did sign the loan document. The affadavit would be under penalty of perjury, so he needs to be sure he did not unknowingly sign the document.

[Jnbmom]

---

@sarge12 wrote:

---

@Anonymous wrote:

There wasn't a health or capacity issue. Just trust that was abused. 

---

Identity theft is a crime, so a police report is needed, even if the guilty party is deceased. Proof of death is obtained by getting a copy of the death certificate. Now whether or not your Uncle can prove that he did not sign his name to the loan documents is another matter, but a criminal complaint for identity theft will certainly be needed to get it removed from a credit report. If he never signed the documents, and she forged his name, I would imagine a handwriting analysis could show that. It might be removed based on his signed affadavit, and put the burden of proof on the lender to prove he did sign the loan document. The affadavit would be under penalty of perjury, so he needs to be sure he did not unknowingly sign the document.

---

Very helpful info, didn't think of all that . I am wondering too if the purchases made on cards were things exclusively for her and maybe transactions that had to be signed upon purchases? Of course I scribble some  letters on the pad when I sign not even close to my signature .

I have never signed anything online but loans docs I think, most of my credit cards were done online with no signature required though ? But since it was just in his name maybe away to prove that ?