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Most retirement benefits are exempt from creditor action. However the exemption status of a deceased person's assets and property is determined by the state probate laws. Because these laws differ greatly from state-to-state it is not possible to give a more definitive answer.

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Q: Can credit card companies take away a deceased person's retirement plan?
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What if person uses deceased persons credit cards?

The use of a deceased person's credit card would constitute credit card fraud. Unlawful use of a credit card is a criminal offense.


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A good place to start would be to contact the credit reporting agencies and request a copy of the deceased's credit report to notify the creditors.


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Credit card companies could not garnish a retirement account at one time in Florida.


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Depends what the penalties for theft is - which is exactly what you're proposing !


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What Massachusetts law describes who is responsible for a deceased persons credit card debt?

The probate code would explain the process for closing an estate.


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What is the law in Florida regarding credit cards after death of the card holder?

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