Can an Executor use the Credit Cards of a Deceased Family Member?

When an executor uses the credit cards of a deceased family member without proper authorization, they are engaging in fraudulent activity. This is because the executor does not have the legal right to use someone else’s credit cards without their consent, even if that person has passed away.

Legal Consequences: Engaging in fraudulent activities, such as using someone else’s credit cards without permission, is a violation of the law. Depending on the jurisdiction and the extent of the fraudulent activity, the executor could face criminal charges. These charges may include identity theft, fraud, or other related offenses. If convicted, the executor may be subject to fines, restitution, and even imprisonment.

Civil Liabilities: The executor may also face civil liabilities for unauthorized charges made on the deceased person’s credit cards. The credit card companies or creditors can pursue legal action to recover the funds. In such cases, the executor may be held personally liable for the repayment of the debts incurred through their unauthorized use.

Breach of Fiduciary Duty: Executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries. By using the deceased person’s credit cards for personal gain, the executor breaches this duty. This breach could result in removal as the executor and potential legal action from the beneficiaries seeking to hold the executor accountable for their actions.

Damage to Reputation and Relationships: Engaging in fraudulent activities can have far-reaching consequences beyond legal and financial repercussions. It can damage the executor’s personal and professional reputation, not only within the family but also within the wider community. Trust may be broken, and relationships may be strained or severed because of such actions.

Given these implications, it is crucial to respect and adhere to the legal and ethical responsibilities associated with managing a deceased person’s estate. If you find yourself in a situation where you are an executor or involved in the administration of an estate, contact Wilson Law PLC today at 866-603-5976.  We can provide guidance and ensure that you fulfill your duties in accordance with the law, avoiding any fraudulent activities and their consequences.