Legal Question in Wills and Trusts in California

My son's father died and became executor of his estate; however, I don't believe he closed an account with substantial money and then used the card; would he have been charged with fraud and imprisoned; he committed suicide,

Asked on 7/13/13, 3:58 pm

1 Answer from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

I'm sorry to hear about what must be very difficult circumstances. I'm not sure I understand the question--if your son was executor of his father's estate and took money from the estate, he would be liable for the money he took. If your son has now passed away, his estate would be liable, though his share of his father's could offset the money taken.

If instead he used a credit card of his father's after his father's death, it's possible he could have been charged with fraud, but at the least he would have been facing a civil suit from the bank to recover the amounts he charged on the card. If he has money in his own estate, the bank may pursue a creditor's claim to get its money back.

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Answered on 7/13/13, 4:46 pm

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