Suffering the loss of a relative can be an incredibly difficult and overwhelming matter. However, this can become even more complex when you discover that someone is using your deceased relative’s identity. Unfortunately, this can occur undetected for months, so understanding how this happens and the steps you can take to seek justice is critical. The following blog covers these matters in further detail and explores the importance of working with a San Diego County identity theft lawyer to help you seek the best possible outcome.
Is Identity Theft of Deceased Individuals Common?
Unfortunately, identity theft of the deceased is an increasingly common problem. Often referred to as “ghosting,” thieves target those who have recently passed, as they will look to take advantage of the fact that activity on these accounts can go unnoticed for a considerable amount of time.
Thieves will scour online obituaries and the Social Security Death Index to look for individuals whose identity they can assume for their own personal gain. This often includes opening credit accounts, filing fraudulent tax returns, and seeking government benefits.
Understanding the warning signs that this is occurring is critical to protecting the identity of your loved one. This often includes being contacted by debt collectors, receiving notices about taxes addressed to the deceased, or receiving new bills in the mail addressed to the deceased.
What Should I Do if I Think Someone Is Using a Deceased Relative’s Identity?
If you have reason to believe someone has assumed the identity of a deceased loved one, the first thing you should do is file a report with the FTC and report the theft to the police. While identity theft is hard to catch and prosecute, having a police report is imperative in reporting fraudulent accounts.
However, if the theft involves federal benefits, such as Social Security or Veterans Affairs, you’ll need to directly contact the Office of the Inspector General to report the theft
You’ll also need to contact each of the three credit reporting agencies on behalf of your relative to report the theft and request a “deceased” alert on their accounts. This will inform potential creditors that the individual in question has passed and cannot open accounts. You’ll need to provide a copy of the death certificate and proof of your relationship, like power of attorney documents, to the agencies.
Finally, you’ll need to contact all financial institutions regarding the passing of your loved one and request the closure of the accounts or transfer to the estate. However, if fraud has occurred and those accounts were impacted, or new accounts were opened, you’ll need to dispute the actions. This is where having the FTC and police reports can be beneficial.
Trying to combat the identity theft of your deceased relative, all while mourning your loss, can be overwhelming. That is why it’s in your best interest to connect with an experienced attorney with Barthel Legal. Our team knows that these matters can be incredibly difficult to navigate, which is why we will do everything in our power to help you fight for the best possible outcome. When you need help, contact us today to learn more.
