Legal Question in Wills and Trusts in Illinois

I have reason to believe that a credit card was opened in my deceased father's name. My father passed away approximately 14 months ago. I am not the executor. There is one named in the will, but we never went to court to have one legally named. The division of everything has mostly been done. How do I go about getting my father's credit reports to see if one was opened in his name? I cannot go to the named executor because this is the person I suspect opened the card.


Asked on 1/27/14, 9:42 am

4 Answers from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Go to the police or open a probate estate for your father and ask the court to order the named Executor to account for your father's assets. You should also contact a lawyer regarding your father's estate.

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Answered on 1/27/14, 9:47 am
Henry Repay Law Offices of Henry Repay

It seems to me that it should be simple for the card's issuer to determine if the account was opened after the date of your father's passing and, if so, to take appropriate action. If you are then suggesting that estate funds were used to pay on the account and the amount warrants trying to collect, see an attorney about recouping the funds for the benefit of the heirs.

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Answered on 1/27/14, 9:54 am
Elfreda Dockery Law Office of Elfreda Dockery

you need to have an estate opened and have the court appoint an executor/administrator. once that person has been appointed, they have the authority to act on behalf of the estate and to discover what is going on. if you have any questions, contact me by phone only at 312-372-5600.

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Answered on 1/27/14, 10:42 am
Virginia Prihoda Law Offices of Virginia Prihoda

Try calling the credit card company (if you know which one it is) and report the death.

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Answered on 1/27/14, 1:54 pm


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