Navigating the loss of a relative is incredibly difficult, as you are not only trying to handle your own grief, but you may also be responsible for handling their estate and arranging their services. That is why learning that your loved one is a victim of identity theft can be incredibly upsetting. If this reflects your circumstances, it’s important to understand what your rights and responsibilities are, such as whether or not you will be liable for these debts and the steps you can take to dispute the claim. The following blog explores what you should know, including whether you are responsible for a fraudulent debt incurred in your deceased relative’s name, and the importance of working with a California identity theft victim lawyer to help you fight for the best possible outcome.
Why Are the Deceased Often Targets of Identity Theft in California?
Unfortunately, the deceased in California are often targets of identity theft for a number of reasons. Thieves will scour online obituaries and the National Death Index to look for those whose identities they can assume for their own personal gain. Many thieves rely on the fact that families will be distracted by grief to monitor their loved one’s credit or recognize signs of theft.
Additionally, the deceased make ideal targets, because a considerable amount of their personal information, like where they lived, their full name, date of birth, and other personal information may be shared in an online obituary. As such, thieves can extract this information to open new accounts in their name.
Will Family Members Be Held Liable for Debts Incurred in a Deceased Relative’s Name?
Learning that there is fraudulent debt in the name of your loved one, you may be worried about whether or not you will be held liable as a family member. Typically, when someone incurs a legitimate debt before their passing, death does not relieve the financial obligation. As such, the creditor can file a claim against the estate of the deceased. As such, family members will not be held personally liable for any debt in the name of the deceased.
However, if you can prove that the debt is fraudulent, which is typically done by showing when the deceased passed and when the account was opened, the claim against the estate may be removed. However, you should note that having a claim against the estate can prolong the probate process, meaning it can take a longer time before inheritances are paid to the beneficiaries. As such, you should file a claim before the creditors can place a claim on the estate, as this can help ensure that the estate is not held liable.
When you find that someone has stolen the identity of a recently deceased loved one, it’s imperative to understand your legal options. At Loker Law, our dedicated legal team can help walk you through the process of reclaiming and securing your identity to prevent additional fraudulent activity from occurring. When you need help, contact our team today.
