Elder Abuse

questions & answers

Question: we are executers of my husbands father estate but are concerned when we found out he is co signing a student loan and a car loan for a grandson. we want to run his credit report to verify there are no other loans being taken, he does not understand getting a credit report and does not wanto mess with it. do we have the rights to run a credit report without his permission?

Answer: Generally, unless you have the legal authority to do so, by way of a power of attorney (which allows for such an action on your father's behalf) or court ordered conservatorship (and/or guardianship), the answer is no. If your father named you as the executor of his estate when he dies, those powers do not "kick in" until after his death and until after the court approves the appointment (in a probate proceeding).

QUESTIONS

  • we are executers of my husbands father estate but are concerned when we found out he is co signing a student loan and a car loan for a grandson. we want to run his credit report to verify there are no other loans being taken, he does not understand getting a credit report and does not wanto mess with it. do we have the rights to run a credit report without his permission?

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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