My grandma is going to pass away within the next two weeks. Today, my grandpa discovered that she has $36,000 in credit card debt that he knew nothing about and that he may be named on some of the cards, even though he never signed for any; in fact, last time I saw him, he was so proud of how they'd never had a cent of credit card debt since they got married.
He is beyond devastated and he wants access to the statements of these cards. I told him that while she is alive, he probably needs power of attorney so he can access the ones he's not named on. Am I right? I also told him he NEEDS to speak to an attorney (for advice on fighting the ones his name is on illegally and on how to protect his assets), but he is so stressed at the idea of spending money and of leaving my grandma's bedside, so I'm trying to help him do whatever he can in the meantime.
Any ideas? It wouldn't be committing fraud if he stops depositing money into their joint account and opens his own account, right? Their only asset is a paid-for house. They do not have savings accounts; they live on his union pension.
And pull hers too. It might be wise to open up a separate account. Have him put a fraud alert on both of their credits. Just call one of the 3 bureaus and they will tell the other 2.
Were the cards opened after they were married or before? If they were opened while they were married, I believe they will be his responsibility regardless of whether he signed for them or not. Probably depends on your state laws.
I'm sorry, what an awful thing to have to deal with in addition to her medical condition. My sympathies.
Post by hbomdiggity on Aug 6, 2012 15:25:02 GMT -5
If they are still married, I have a hard time thinking he will be successful in claiming they were "illegally" opened in his name (esp if they were opened before the more recent credit laws) but I have no idea. I know my mom, as sahm had no problem opening cc's without my dad knowing. I agree with others - best to pull all credit reports and contact the banks.
He should see an attorney. In all likelihood he will still need to pay since they have a joint assets, but the situation can obviously be more complicated. Also a sale could be forced of your grandmother's personal items (I would think jewelry and clothes would be about all that would apply which is sounds unlikely that would bring much.)