Identity theft is always a serious crime, but when it involves a deceased family member, it can feel especially devastating. Unfortunately, criminals often target the identities of deceased individuals to commit fraud because it may take longer for such crimes to be detected.
The lawyers of Loker Law have spent years fighting for the victims of identity theft, and we do not want the memory of your family member desecrated by thieves. If you discover that your deceased loved one’s identity has been stolen, it’s crucial to act quickly to protect their estate and prevent further damage.
In this blog, we’ll walk you through the steps to take if your deceased family member’s identity is stolen, providing guidance from an identity theft lawyer’s perspective.
How Does Identity Theft of the Deceased Happen?
Criminals target deceased individuals for identity theft because it may take months or even years before the fraud is discovered. The Social Security numbers of deceased persons are often left vulnerable, and their information can be used to open credit accounts, file false tax returns, or even commit benefits fraud.
This type of identity theft can be painful for surviving family members, as it can create legal complications, financial issues, and emotional distress. Here’s what you need to know about the steps to take as soon as you suspect your deceased family member’s identity has been stolen.
1. Gather Evidence of Identity Theft
The first step in addressing identity theft is confirming that it has occurred. If you’ve received unusual bills, suspicious credit card charges, or debt collection notices in the name of your deceased loved one, it’s important to gather this evidence. Make copies of any letters, statements, or emails that indicate someone is fraudulently using your family member’s identity.
Some signs that your deceased loved one’s identity has been stolen include:
- Unusual credit card or loan applications
- Suspicious tax returns filed in their name
- Debt collection notices addressed to the deceased
- Benefits fraud, such as Social Security or Medicare claims
Collecting this documentation will help you as you take legal steps to resolve the situation. You should contact a lawyer who specializes in identity theft immediately if you suspect something isn’t right with your loved one’s information!
2. Report the Identity Theft to the Credit Bureaus
Once you or your attorney has confirmed that your deceased family member’s identity has been stolen, the next step is to contact the major credit bureaus—Experian, Equifax, and TransUnion. Inform them of the identity theft and provide the necessary documentation, such as the death certificate, to ensure they mark the account as deceased. You can also request a copy of their credit report to see if there are any fraudulent accounts opened in their name.
This step will help prevent further fraudulent activity by alerting creditors that the individual is deceased.
3. Notify the Social Security Administration (SSA)
The Social Security Administration (SSA) should already be aware of your loved one’s passing if their death was reported by the funeral home. However, you should contact the SSA directly to ensure that their Social Security number is marked as deceased and that no fraudulent activity is occurring in connection with their benefits.
To notify the SSA, you can:
- Call the SSA’s toll-free number (1-800-772-1213)
- Visit your local SSA office with the death certificate
This step is crucial because it prevents criminals from using your deceased family member’s Social Security number to claim benefits or file false tax returns.
4. Notify the IRS
Another common type of identity theft involving deceased individuals is tax fraud. Criminals may file false tax returns in the name of your deceased loved one to claim refunds or credits. To prevent this, you should notify the Internal Revenue Service (IRS) of the identity theft.
You can file IRS Form 14039, the Identity Theft Affidavit, on behalf of your deceased family member. Additionally, include a copy of the death certificate and any evidence of the fraudulent tax filing. The IRS will mark the account as deceased, and this will prevent further tax-related identity theft.
5. Close or Update Financial Accounts
It’s also important to ensure that any open financial accounts in your deceased loved one’s name are properly closed or updated to prevent unauthorized use. If your loved one had any active credit cards, bank accounts, or loans, contact the financial institutions involved and provide them with the necessary documentation, such as a death certificate and proof of your legal authority (such as executorship of the estate).
Here’s what you should do:
- Bank Accounts: Contact the bank where your loved one held accounts and inform them of the death. They may require you to close the account or update it to reflect that it is part of the estate.
- Credit Cards: Notify credit card companies of the death, and request that they close the account or transfer the balance to the estate if necessary.
- Loans and Mortgages: Contact the lenders to notify them of your loved one’s death and ensure that no fraudulent activity is taking place.
Properly managing these accounts can prevent criminals from gaining access to your family member’s funds.
6. File a Police Report
Identity theft is a crime, and filing a police report is a crucial step in addressing the issue. Contact your local law enforcement agency to file an identity theft report. Provide them with all the documentation you’ve gathered, including evidence of the fraudulent activity, the death certificate, and any communication with financial institutions or credit bureaus.
A police report can help you resolve disputes with creditors and financial institutions and may be required when you take legal action to recover losses or restore the estate’s integrity.
7. Consider a Fraud Alert or Credit Freeze
Even after reporting the identity theft, it’s wise to take additional precautions to prevent further damage. You can request a fraud alert or credit freeze on your deceased family member’s credit report. A fraud alert warns potential creditors to take extra steps to verify the identity of anyone applying for credit in their name. A credit freeze, on the other hand, restricts access to the credit report entirely, making it more difficult for criminals to open new accounts.
While credit freezes and fraud alerts are typically used by living individuals, they can also be useful in protecting a deceased person’s credit.
8. Seek Legal Help
Identity theft involving a deceased family member can be incredibly complex and emotionally taxing. If you’re struggling to resolve the situation, it’s wise to seek legal assistance. An experienced identity theft lawyer can help you navigate the legal process, communicate with creditors and financial institutions, and protect the integrity of your loved one’s estate.
At Loker Law, we understand how disruptive identity theft can be, especially when it involves a deceased loved one. Our team of skilled attorneys can help you take the necessary legal steps to stop fraudulent activity and recover any losses.
How Loker Law Can Help
Dealing with the identity theft of a deceased family member can feel overwhelming, but you don’t have to face it alone. At Loker Law, we focus on identity theft cases and want to protect your loved one’s legacy. Our experienced team will work with you to stop fraudulent activity, hold criminals accountable, and ensure that your family member’s estate remains intact. Reach out to schedule a free initial consultation and learn how we can help you!
