Los Angeles, CA asked in Estate Planning and Probate for Nevada

Q: My uncle died and his possessions go to the last surviving sibling which is my mom and we spent money on his card

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1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: When a person passes away, their assets and liabilities become part of their estate. If your uncle's possessions are to go to his last surviving sibling, which is your mother, this should be outlined in his will or, if there is no will, according to state intestacy laws. However, spending money from his credit card after his death can be legally problematic.

It's important to understand that any debts, including credit card debts, need to be settled by the estate before any distribution of assets to heirs. Using a deceased person's credit card can be considered unauthorized use, and it might lead to legal issues.

In handling your uncle's estate, it's advisable to go through the proper probate process. This typically involves an executor or administrator who manages the estate, pays off debts, and then distributes the remaining assets to the rightful heirs.

If you or your mother have used the credit card, it might be wise to consult with an attorney to understand the potential implications and how to address them. They can provide guidance on how to rectify the situation and ensure proper handling of the estate moving forward.

Remember, every estate situation is unique, and the laws can vary by state. It's important to handle estate matters carefully and in accordance with the law to avoid any legal complications.

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