Legal Question in Wills and Trusts in California

Re: credit card fraud

That is really not a good idea. In all probability what you are describing is called fraud.

Re: credit card fraud

Effectively, no. It might be possible to come up with tricky arguments to escape criminal liability - but the basic facts of the situation are that the credit card company is extending credit based upon a lack of knowledge (e.g., that the parent has died) and the person who's using the card is taking advantage of that. It may be that the parent had estate planning documents authorizing the child - if they are executor or successor trustee - to borrow against probate/trust assets, but that would only be done in furtherance of the child's duties as trustee/executor, and should be done where the lender knows they're lending to an irrevocable trust or probate estate.

If you are aware of this circumstance, you can likely put a stop to it by mailing or faxing a copy of the death certificate to the credit card company. You can get a copy of the death certificate from the county health department within 1 year of death, and from the county recorder's office after that. You'll need to fill out a form and pay $10-20.