Richmond, TX asked in Criminal Law, Collections, Elder Law and Probate for Idaho

Q: I am the administrator of my mother's estate. I recently found out that my brother had been using her cc. What do I do?

I was only recently appointed by the court, so the cc has gone to collections with a balance of $10k+. I have notified the sheriffs dept. I am closing out her final bills, but don't know how to proceed with this one as he continued to charge against the card after her death and they aren't her charges.

1 Lawyer Answer

A: Your brother has committed a crime "abuse of the elderly" and because you are the Administrator of the estate, you must act like a cop to catch "over-reaching," "fraud or outright theft" of "estate" property. When your mother died, another legal "person" was born. That person's name is "mother's estate." You have been appointed by a JUDGE to take CARE of her estate. You have only ONE CHOICE here! Good luck!

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