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Mother-in-law recently passed away. It wasn't until we were confronted by probate that we were informed that my wife's sister, who has POA over Mother, had a credit card takened out in mothers name using mothers info, without anyones knowledge. Now that we found out and confronted her, she says she doesn't remember, even when the credit card logs show she used it at dept stores and alot at walmart for her own needs. Now we stand to loose our inheritance because of her! What can be done? Someone please help us on this.

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The creditors will have to be paid out of your mother's estate. It was not illegal for your SIL to make herself an authorized user on the credit cards if she was the POA. Who is the Executor? POA ends when someone dies and the Executor of the Will takes over. If credit cards were run up by your SIL while your MIL was still living you would have to prove that she wasn't shopping for her mother. Technically this is not fraud and the credit card bills would have to be paid from your MIL's estate. If she was using them after your MIL passed, that's fraud. Usually the credit card companies don't even bother if a debt is small. I believe if under $10,000. Now, if your sister impersonated your MIL and took out credit cards pretending to be her, that's different. That's fraud and a criminal matter for the police to investigate. What did the probate court tell you to do? Truth be told, it really has nothing to do with you. This is between your wife, her sister, and any other siblings they may have.

Your wife can go to the police and tell them what happened. Get it on record. If your SIL committed a crime in your MIL's name, it's a police matter. They get so many cases like this that it can be years before any investigation start, that is if there's any done at all. The credit card company will make a claim to your MIL's estate for payment. It will have to go into court a judge will determine whether or not your MIL's estate is responsible for the bill or your SIL is.

I would like to make one thing plain to you though. You should not say 'our' inheritance. It is not your inheritance too. It is your wife's inheritance because that was her mother, not yours. You would do well to not sound so eager about the money if you go with your wife to talk to the fraud division of the police department or to court with her.
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Reply to BurntCaregiver
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Just an opinion, if you can prove that sister took out that card, then I would take that amount she has spent and deduct it from her inheritance. If when she used the card she signed Moms name that would be fraud. Signing her name using Mom card, fraud unless she put herself down as a user. Seems she profited from being a POA and she can't do that. You need to consult with a lawyer.
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Reply to JoAnn29
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Creditcards and other debts need to be paid off by the estate before beneficiaries get their inheritance. If there is no estate, then the debt dies with her.
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Reply to JoAnn29
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Mother-in-laws debts that are like credit cards die with her. POA ends with death and doesn’t matter anymore.
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Reply to Daughterof1930
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Guestshopadmin 17 hours ago
not if there is cash in the estate to pay her debts
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