Showing posts with label fraud. Show all posts
Showing posts with label fraud. Show all posts

Friday, October 2, 2026

Protecting a Deceased Person's Identity


At a Glance-

  • Thieves target the weeks right after a death, when no one is watching the accounts.
  • The first steps cost nothing and need no court order: a careful obituary, a secured home, a protected phone line, and controlled death certificates.
  • Credit bureau notices, mail control, and account changes follow as soon as someone has authority.
  • Never "close" a retirement account. Notify the custodian and let the beneficiaries handle the transfer.
  • Keep a log. If fraud surfaces later, it shows the estate acted promptly.

Why the Weeks After a Death Are Dangerous

Identity theft does not end with death. The weeks after a death are among the most vulnerable for a person's personal and financial information. Criminals read obituaries, scan public records, and exploit the delays that come while a family grieves and an estate is organized. A stolen Social Security number, a redirected piece of mail, or an overlooked online account can be used to open credit, file a false tax return, drain accounts, or even attempt a forged deed.

The reason is simple. The victim can no longer watch the accounts or dispute charges, and the family is overwhelmed. The longer the gap between the death and the lockdown, the bigger the opportunity. Acting early is far easier than unwinding fraudulent accounts, defending collection actions, or recovering stolen funds later.

Who Has Authority, and When

A fiduciary owes the estate reasonable care, loyalty, and confidentiality. In practice, reasonable care includes prompt, sensible steps to keep the decedent's identity and assets out of a thief's hands.

The catch is authority. A power of attorney ends at death, and so does a guardian's authority to act. After a death, the people who can act are the successor trustee, for assets held in a trust, and the executor, administrator, or commissioner appointed by the probate court.   In Ohio, the court may appoint an executor, an administrator, or a commissioner; the paper is Letters of Authority.  In Missouri, the he court may appoint an executor or an administrator; the court paper is the court paper is Letters Testamentary or Letters of Administration.

If there is a trust, the successor trustee should be able to monitor, track, and document activity on the trust's assets right away. If that isn't sufficient, for whatever reason, consider early the appointment of a commissioner, administrator, or executor through the probate court, but seek legal counsel. Common reasons include assets outside the trust, an institution that insists on court papers, and the post office, which forwards a deceased person's mail only for an appointed executor or administrator. 

Until someone is appointed, the family can still do a great deal. The steps below are grouped by timing, starting with the ones that need no authority at all.

The First 72 Hours

These steps need no court order.

  • Write a careful obituary. Leave out the full date of birth, the mother's maiden name, the street address, and other details that answer common security questions. Never publish the home address alongside the service times.
  • Guard the home during services. Burglars watch for funerals and visitations. Have someone stay at the house.
  • Secure the residence. If the home will be vacant, tell the insurer, because many policies limit coverage after a period of vacancy. Remove valuables and papers, change or add locks, use timers and outside lighting, and consider cameras. When the house is listed for sale, avoid lockboxes that hold keys.
  • Collect the wallet, checkbooks, and cards. Lock them up. Note who else had access to cards, keys, or passwords, such as caregivers, cleaners, or relatives.
  • Keep the phone line active. The decedent's cell number often receives the login codes for bank and email accounts. Keep paying the bill, and ask the carrier for a port-out PIN or number lock to block SIM-swap theft.
  • Secure devices, but don't wipe them. Phones, computers, and tablets hold photos, records, authentication apps, and sometimes crypto keys. Wiping them can destroy estate property. Store them safely until the contents are preserved and the fiduciary approves.
  • Control the death certificates. Many states print the Social Security number on the certificate. Order only the certified copies you need in a single request, and have them delivered to the funeral home or the fiduciary rather than to an empty house. You should request return of the originals, even if mailed, but in the latter case enclose a self-addressed stamp envelope for return.  Keep track of who has one.  Ohio law says the certificate contains the SSN. In practice, copies issued to the general public omit it for five years unless the requester is eligible and asks for it.
  • Confirm that Social Security knows. The funeral home usually reports the death to the Social Security Administration. Benefits are paid a month behind, so the payment that arrives in the month after death must be returned. Don't spend it.

The First Two Weeks

  • Notify the credit bureaus. Write to Equifax, Experian, and TransUnion. Include a copy of the death certificate and proof of your authority. Ask that the file be marked "Deceased – Do Not Issue Credit," and request a copy of the decedent's credit report. Each bureau says it passes the notice to the others. Write to all three anyway, and confirm. Bureaus accept a spouse or an executor; ask whether they will accept a successor trustee.
  • Don't forget the fourth bureau. Innovis will add a deceased statement on request.
  • Ask about a freeze. The deceased notice is the main tool. Some bureaus will also place a security freeze on a decedent's file. Ask.
  • Flag the specialty agencies. ChexSystems and Early Warning Services track checking and savings accounts. NCTUE tracks phone, cable, and utility accounts. Send each a death certificate and proof of authority, and ask for a deceased notation or a freeze.
  • Review the credit reports. Look for unfamiliar accounts and recent inquiries. They may show that fraud is already under way.
  • Take control of the mail. This step needs an appointed executor or administrator. The Postal Service redirects a deceased person's mail only in person, and only with proof of appointment; a death certificate alone is not enough (USPS). Ask the post office about any holds or forwarding orders the family did not request.
  • Sign up for property fraud alerts. Many Ohio counties will email you when any document is recorded under a name you enroll, including Franklin, Summit, and Stark. Enroll both the decedent's name and the trust's name. Check with your county recorder or fiscal officer.
  • Cancel the driver's license and passport. Surrender the license or state ID to the BMV so a duplicate can't be issued. Mail the passport to the State Department with a copy of the death certificate to cancel it.
  • Cancel automatic payments. Stop subscriptions, automatic payments, and recurring transfers that are no longer needed.

The First 90 Days

Most of these steps need formal authority.

  • File Form 56. IRS Form 56 tells the IRS who the fiduciary is.
  • Handle joint accounts correctly. A joint account with survivorship belongs to the survivor. Retitle it in the survivor's name; it does not go to the estate.
  • Retitle estate and trust accounts. Individual accounts with no beneficiary designation move to the estate or the trust. Ask each institution to mark the decedent's records "Deceased."
  • Do not close retirement accounts. IRAs, 401(k)s, and annuities pass to the named beneficiaries. Cashing one out can trigger all the income tax at once and wipe out the beneficiaries' options. Notify the custodian, and let the beneficiaries handle the transfer. Investment accounts should generally be transferred, not sold in a hurry.
  • Close the credit cards. Close individual credit cards, ask that each be marked "Deceased," and destroy the cards.
  • Notify insurers, pension plans, and annuity companies.
  • Notify other agencies as needed. These include the Department of Veterans Affairs, professional licensing boards, and, where relevant, U.S. Citizenship and Immigration Services. Voter rolls are usually updated from death records; contact the board of elections if they aren't.
  • Secure the online accounts. Email is the gateway to password resets. Keep the main email account open only as long as it is needed for login codes, then close it. Change passwords and turn on two-factor authentication for any account that must stay open during administration, and close the rest. Memorialize or remove social media profiles; public profiles supply personal details and photos thieves use. For more, see my articles on digital assets in your estate plan and the digital assets inventory instructions.

Through the First Year

  • File the final return promptly. A filed return is the best defense against a fraudulent refund claim. If the IRS rejects an e-filed return because the Social Security number was already used, file on paper with Form 14039, the Identity Theft Affidavit.
  • Watch the IRS mail. Look for notices about returns no one in the family filed.
  • Review medical statements. Check Medicare Summary Notices and supplemental-plan statements for services billed after the date of death. Report them to Medicare at 1-800-MEDICARE.
  • Recheck the credit reports. Pull them periodically for at least a year.
  • Report fraud quickly. If fraud surfaces, report it at IdentityTheft.gov and to local police. Send the creditor a written dispute with a copy of the death certificate.
  • Keep a log. Record every institution notified, the date, the method, and the confirmation number. If fraud surfaces later, the log shows the estate acted diligently.

The free notices above block most new accounts. The tools below add an early warning. Some are free; some are paid subscriptions.


Tools That Watch for Fraud After a Death

Tool What it watches or blocks Cost Who can use it Watch out for
Equifax, Experian, TransUnion “Deceased” notice on the credit file blocks new credit; you can request the decedent’s report Free Spouse or executor; send a death certificate and proof of authority by mail Each bureau says it shares the notice with the others. Write to all three anyway, and confirm.
Innovis Fourth national credit bureau; adds a deceased statement to the file Free Spouse or legal representative; court papers if not named on the death certificate Often overlooked because it isn’t one of the “big three”
ChexSystems and Early Warning Services Checking and savings account applications and history Free Fiduciary with a death certificate and proof of authority No published process for decedents; call or write and ask for a deceased notation or a security freeze
NCTUE New phone, cable, and utility accounts Free Fiduciary with a death certificate and proof of authority No published process for decedents; ask for a freeze
County property fraud alerts (for example, Franklin, Summit, Stark) Emails you when any document is recorded under a name you enroll Generally free Anyone; enroll the decedent’s name and the trust’s name Covers one county only; people with the same name trigger false alerts
Home Title Lock Monitors title and mortgage records; offers help restoring title after fraud $19.95 a month, or $227.40 a year Homeowners; ask whether it will enroll a property held by an estate or trust Despite the name, it does not lock the title. It alerts. A free county alert may cover the same ground.
EverSafe Flags unusual activity across bank, investment, and credit card accounts, credit files, and real estate Monthly subscription Marketed to older adults, families, and fiduciaries Built for monitoring during life. Confirm it can be used during estate administration before you subscribe.
Bank and brokerage alerts Texts or emails for withdrawals, transfers, address changes, and new payees Free The fiduciary, once the accounts are in the estate’s or trust’s name Turn on every alert type offered, not just the defaults
DMAchoice Deceased Do Not Contact Removes the name from marketing lists, including pre-approved credit offers Free online; $1 by mail Family member or fiduciary Can take up to three months to take effect

Most commercial monitoring services were designed for living customers. Before paying for one, confirm that it will enroll a deceased person's name, an estate, or a trust. Prices and terms are as posted by each provider and may change.

Bottom Line

Families already dealing with grief should not have to become full-time fraud investigators. You don't need to do everything on the first day. Start with the free steps that need no authority: the obituary, the house, the phone, and the death certificates. Then the credit bureaus and the mail. Then the accounts. If the trust can't reach everything, seek a court appointment early rather than late, BUT CONSULT WITH AN ATTORNEY; there are many estates that benefit from waiting six months from the date of death to open.  That's a whole different article.

A focused effort in the first days and weeks prevents the far larger problems that come when identity theft is discovered months later. It protects both the decedent's dignity and the estate's finances, and it leaves a clear record that the fiduciary acted with care.



Tuesday, July 28, 2026

Ohio Steps Up to Combat Romance Scams Targeting Seniors


Romance scams are among the most heartbreaking forms of financial exploitation facing older adults. Scammers create fake online relationships, build emotional trust over weeks or months, and then extract money, often under the guise of a crisis, medical emergency, or travel need. The damage is both financial and deeply personal.  
According to the FBI, Americans age 60 and older reported losing $584 million to romance scams in 2025 alone, a 50% increase from the prior year. Experts believe the true figure is significantly higher because many victims are too embarrassed to report the crime.
Ohio’s ResponseOhio is taking this threat seriously. In June 2026, Attorney General Andy Wilson announced the Romance Impostor Scams Forensic Initiative during the state’s World Elder Abuse Awareness Day Conference. The initiative formally launched on July 23, 2026.This effort is part of the broader work of the Ohio Attorney General’s Office and the Ohio Elder Abuse Commission to protect seniors from abuse, neglect, and financial exploitation. Key components include:
  • A dedicated hotline — 1-855-961-SCAM — for victims and concerned family members to report suspected romance scams
  • Enhanced digital forensics support through the Ohio Bureau of Criminal Investigation (BCI)
  • Improved information sharing across jurisdictions to identify patterns and networks of scammers
  • Educational resources and guidance for victims and their families to help stop further losses
The Attorney General’s Office has also published practical materials, including flyers and palm cards that help seniors and their families recognize the warning signs of a romance scam and know when to act immediately.
Protecting Trust and Dignity

Romance scams exploit loneliness and the natural human desire for connection. They are particularly devastating because they attack both a person’s finances and their dignity. By creating a specialized forensic initiative, a clear reporting channel, and public education tools, Ohio is sending a strong message: these crimes will not be ignored, and seniors and their families will not be left to face them alone.

We commend the Ohio Attorney General’s Office for prioritizing this issue and for equipping older Ohioans and their loved ones with concrete tools to recognize and report these schemes. Education and early intervention remain among the most effective defenses.  

If you or someone you care about may be involved in a suspicious online relationship that has turned to requests for money, do not wait. Call the Ohio hotline at 1-855-961-SCAM or visit the Attorney General’s romance scam resource page for guidance.  Protecting the ability of older adults to age in place safely includes protecting them from those who would exploit their trust. Ohio’s new initiative is a meaningful step in that direction.


Friday, March 20, 2026

Ohio Department of Aging Warns of Scam Calls Targeting Golden Buckeye Participants


The Ohio Department of Aging (AGE) is alerting Ohioans to reports of a phone scam in which individuals falsely claim to represent the
 Golden Buckeye program.

Residents have reported receiving unsolicited calls from scammers seeking personal information, including protected data such as Social Security numbers. These calls are not from the Ohio Department of Aging.

“This is a phishing attempt. Do not share your personal information with anyone who contacts you claiming to be from the Golden Buckeye program,” said AGE Director Ursel J. McElroy. “The Golden Buckeye program will never call, text, or email you to request personal or financial information.”

Ohioans can report scam attempts to the Federal Trade Commission or to the Ohio Attorney General's Office.  Anyone who believes they may have been a victim of this scam should contact their local law enforcement agency.


Thursday, February 19, 2026

A Victory for Seniors: Court Lets Elder Abuse Claim Against Wells Fargo Move Forward


In a decision that offers real hope to families fighting elder financial exploitation, a federal district court in California has allowed an 87-year-old woman’s lawsuit against Wells Fargo to proceed, ruling that she adequately alleged the bank assisted in a massive scam by ignoring clear red flags its own employees were trained to spot. The case, Atkins v. Wells Fargo National Association (N.D. Cal. Dec. 22, 2025), is a powerful reminder that banks can be held accountable when they fail to protect vulnerable customers from fraud, even when the scammer impersonates the bank itself.

For readers of the Aging-in-Place Planning and Elderlaw Blog, this ruling is good news: It opens a meaningful avenue of recovery for seniors and families when financial institutions drop the ball, and it may push banks to strengthen fraud prevention, something we’ve long advocated for in articles like “2025 ABA Survey on State Elder Financial Exploitation Laws: Balancing Protection with Autonomy for Seniors Aging in Place.” The Facts: A Classic Scam Meets a Bank’s Failure to Act
Lavonne Atkins, 87, suffered from hearing loss and cognitive decline. In July 2024, her computer screen flashed a blue warning: her identity had been stolen. A man named “Mike Dawson” called, claiming to be from Wells Fargo, and convinced her that her accounts were at risk. He sent an “official” letter authorizing himself to act on her behalf.
Over the next weeks, Lavonne made multiple large cash withdrawals, $17,000 in one day across branches, then eight more trips pulling $30,000 each time, totaling $257,000 in cash she handed to young men outside her apartment. Later, she transferred $425,000 from Charles Schwab to Wells Fargo at the scammer’s direction. One teller, suspecting fraud, limited a withdrawal to $5,000, but most others processed the full amounts despite red flags the bank trained them to recognize: an elderly person making sudden, large cash requests inconsistent with her history, talking on the phone during transactions, and giving dubious explanations.
In August 2024, Lavonne tried to buy a $99,000 bank draft. That time, employees contacted law enforcement, who intercepted the check and returned it, showing the bank could act when it chose to.  Lavonne sued Wells Fargo in May 2025 under California’s Elder Abuse and Dependent Adult Civil Protection Act and unfair competition law. Wells Fargo moved to dismiss, arguing it had no actual knowledge of the scam and didn’t assist the fraud.The Court’s Ruling: Banks Can Be Liable for Ignoring Red Flags
The court denied the motion to dismiss, allowing both claims to proceed. Key holdings:
  • Financial Elder Abuse: California law holds liable anyone who “assists” in taking an elder’s property when they knew or should have known the conduct was harmful. Lavonne alleged multiple red flags (large, sudden cash withdrawals inconsistent with her history, phone use during transactions, dubious reasons), flags Wells Fargo employees were trained to spot. One teller’s refusal to process the full amount showed the bank could recognize fraud. The court ruled these allegations sufficient to plead actual knowledge of the scam.
  • Unfair Conduct: The claim survived because it was based on the same facts as the elder abuse claim; Wells Fargo’s processing of suspicious withdrawals caused Lavonne’s $257,000 loss while generating overdraft fees for the bank.
The decision is positive and practical: It gives victims and families a real path to hold banks accountable when they ignore obvious fraud indicators.Why This Case Matters for Seniors and Families
Elder financial abuse costs seniors billions yearly; the FTC reports $3.4 billion in losses in 2024 alone, with many cases involving impersonation scams like Lavonne’s. Banks often claim “we didn’t know,” but this ruling says: If you’re trained to spot red flags and still process suspicious transactions, you may be liable.
For aging-in-place families, this is empowering:
  • Accountability: Negligent banks can be sued for facilitating fraud, potentially recovering losses.
  • Incentive for Change: If cases like Atkins proliferate, banks may push harder for “Hold Laws” (temporary holds on suspicious transactions), a reform we’ve discussed in our article about the 2025 ABA Survey on State Elder Financial Exploitation Laws, which shows growing support for such prophylactic measures, with 18 states already authorizing short-term holds on suspected fraud.
  • Stronger Protection: Families can now point to this case when demanding banks freeze suspicious activity.
Practical Steps: How to Protect Yourself and Your Loved Ones
  1. Trusts for Asset Protection: Revocable trusts keep assets private and harder to access fraudulently; MAPTs shield funds while qualifying for HCBS.
  2. Add Trusted Contacts: Every bank account that is not in a trust should have a family member as a “trusted contact” (required under SEC rules since 2018). Banks must notify them if fraud is suspected.
  3. Request Transaction Holds: Ask your bank to flag unusual activity (large cash withdrawals, new payees) and require verbal confirmation.
  4. Use Fraud Alerts: Set up alerts for transactions over $1,000 or out-of-pattern activity.
  5. SDM & Powers of Attorney: Name supporters in an SDM agreement or durable GDPOA to monitor accounts and intervene early.
Conclusion: A Step Toward AccountabilityAtkins v. Wells Fargo is a victory for seniors: Banks can be held responsible when they ignore trained red flags. While this article has provided a thorough overview of the case and practical steps, it is by no means comprehensive. Laws and bank policies evolve rapidly. Readers must remain vigilant and consult elder law attorneys when evaluating risks. By combining awareness with planning, including trusts, families can safeguard independence and thrive while aging in place. For support, consult a professional.  Your security depends on proactive engagement.