Dealing With Unauthorized Credit Card Charges and Lien on Home in Probate
My question involves estate proceedings in the state of: MD
First. My fiance lost his mother in September 2011 very suddenly. There was no will, and there was a life insurance policy along with an IRA account split between the two only children. My fiance is in the Navy and was not in MD when his mother passed away. But his sibling went into the home the day she passed away and took all credit cards from the homes caretaker for "safe keeping" and basically made purchases after her passing. The credit card swill not talk to anyone because they are not on the account. How do we follow up and make sure matters are being taken care of? He was going to open the estate but the fear of these credit card debts he did not run up quickly got rid of that idea.
Secondly, there is a lean on the house for 20,000 from a bail bond from the siblings spouse. He had the mother co-sign and two weeks later the spouse and sibling filed bankruptcy leaving the mother with the debt against her home. According to court records their bankruptcy was over turned back in June 2011, but they have post pone going to court twice and now have a court date 2/2012. Are they now going to take on the debt or is it still going to be against the home?
Thank you for any insight given on either one of these questions.
Re: Dealing With Unauthorized Credit Card Charges and Lien on Home in Probate
If your fiancé wants to get the estate probated, and his brother is afraid to do so because he fears prosecution for credit card fraud, unless there's somebody else we have not yet heard about who might step in your fiancé is going to have to get the process rolling himself.
If your fiancé probates the estate he can explore the possibility of having the lien charged against your brother's share of the estate as an unpaid loan - it may not be collectable as a debt, but that does not necessarily mean it cannot be deducted from the brother's share (along with the payoff of any charges he fraudulently incurred). Also, if they are apt to be discharged from Chapter 13 bankruptcy due to noncompliance, should that happen the debt will again be collectable.
Re: Dealing With Unauthorized Credit Card Charges and Lien on Home in Probate
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