When you’re suffering the loss of a loved one, it can be incredibly difficult to navigate. Not only are you dealing with your own personal grief, but you may also be responsible for planning their services or acting as the executor of their estate. As such, when you learn that someone is using your deceased relative’s identity, it can be devastating. It’s important to understand the steps you should take to reclaim your identity, and whether or not you can face liability in these instances. You’ll also learn whether or not you can face liability for any debts taken out in your loved one’s name, as well as the importance of working with an experienced Michigan identity theft attorney to explore your legal options.
What Should I Do if Someone Has Stolen a Deceased Relative’s Identity?
First and foremost, it’s important to understand the signs that someone is using a deceased relative’s identity. As such, you should monitor their credit report to look for activity. Additionally, any mail sent to their address in their name regarding outstanding debts or new accounts will generally indicate that someone has stolen their information.
If this occurs, it’s important to understand that you should immediately report the theft to the Federal Trade Commission and your local police department. Having these reports filed is critical when disputing the inclusion of this information on your loved one’s report.
Next, you should contact the reporting bureaus to inform them of the theft and request that an alert be placed on their accounts to indicate that they are deceased. This will prevent creditors from extending new lines of credit in their name.
Can I Be Held Liable For Fraudulent Debts?
It’s important to understand that you cannot be personally liable for debts taken out in the name of your deceased loved one. Legitimate debts can be taken out of the estate, meaning that if you are a beneficiary of the deceased, it can impact how much of the estate you inherit. However, fraudulent debts taken out in the name of the deceased will not be the responsibility of the estate. As such, monitoring the activity of your loved one’s credit can help ensure the estate is not held responsible for fraudulent debts.
As such, it’s critical to report the identity theft to the appropriate authorities as soon as possible. Creditors will look to place a claim on the fraudulent activity, so reporting the theft prior to it can be incredibly beneficial. This can help prevent issues in the probate process later, like delays in the distribution of the estate. Your attorney can help prove that the debts were incurred after the passing of the estate owner, thus having the creditors’ claim removed from the estate.
It can be devastating to learn that someone has used your loved one’s identity for their own personal gain. That is why it’s in your best interest to connect with an experienced attorney with Lyngklip & Associates to explore your legal options. Our dedicated team will do everything possible to help you navigate these difficult matters so you can focus on celebrating the life of your loved one. Contact us today to learn more.
