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Protect the Name of a Deceased Loved One (July 2009)

There will come a moment in all of our lives when we experience the death of a family member -- a parent, a spouse, a child. At that moment we do our best to ensure that our loved one is treated with dignity, but the job does not end with our loved one’s passing and burial. Even after death, there are criminals who would rob our loved one of the dignity of his or her good name for financial gain or to pose as the deceased to avoid legal problems. These criminals are identity thieves who, according to the Identity Theft Resource Center (www.idtheftcenter.org), “may watch the obituaries, steal death certificates, or even get the information from websites that offer the Social Security Index file.” In some cases, the identity thief may even be a family member who is “looking to take advantage of the situation or who has already been using that identity.”

When a loved one passes away, it is natural to feel overwhelmed by loss and incapable of dealing with notification and other administrative matters -- and so we delay. Unfortunately, the longer we delay in letting the Social Security Administration (SSA), financial institutions and credit reporting agencies know of our loved one’s passing the greater the opportunity for identity thieves. The Identity Theft Resource Center reports that financial institutions and credit reporting agencies are not made immediately aware of a person’s death through the SSA or other government agencies. Until financial and credit agencies receive word of the death, the accounts of the deceased remain open and vulnerable to exploitation, potentially for up to ten (10) years without any account activity.

Delay increases the risk that your loved one could be robbed of the dignity of his or her good name as fraudulent credit card accounts are opened and purchases made, and creditors threaten the estate. While it is unlikely that you or the estate would be held liable for these fraudulent activities, you would be forced to invest substantial time and expense to restore your loved one’s reputation. To help ensure that your deceased loved one’s reputation remains secure and intact, you need to begin taking action from the moment of death. Please consider the following checklist as a roadmap for navigating this difficult period:

  1. Notify the SSA immediately by telephone: While the funeral home will file a statement of death with the SSA, it is important that you also call to give immediate notice and answer any questions the SSA may have. The nationwide toll-free number is 1-800-772-1213, and for the hearing-impaired it is 1-800-325-0778. SSA may request additional information from you to establish your identity and your authority to represent the deceased. If there is a surviving spouse and a claim for death benefits, some additional paperwork and a follow-up phone interview may be needed.
     
  2. Prepare the obituary with special care: The obituary is both a notice of your loved one's passing and a story of his or her life. You will want to say many things to tell your family member's story, but special care should be exercised to avoid the kinds of things that may assist identity thieves in stealing his or her identity. Information such as your loved one's date of birth and street address can be used to research additional personal information and to open new bank and credit accounts. Other information such as the time and place of the memorial service can be used by thieves to identify a vacant home address for possible robbery. Say what you need to say to honor your loved one, but consider limiting how much specific detail you offer for public view.
     
  3. Order multiple certified copies of the death certificate with and without the cause of death: Order at least ten (10) copies of the official death certificate for your communications with various companies. This process may take up to two (2) weeks. There is likely to be a charge for these so you will want to consider carefully the number you will actually need. You will need certified copies for each of the credit reporting agencies and any financial institutions at which your loved one had an account. You will also require certified copies for life insurance, pension accounts, real property, automobile ownership and veterans' benefits.
     
  4. Send a written notice to all financial institutions where the deceased had an account instructing them to close all individual accounts and remove the deceased's name from joint accounts: As soon as you receive the certified copies of the death certificate, send a letter and a certified copy to each of the financial institutions at which the deceased had an account including all banks, credit card companies, mortgage companies, investment firms and loan companies to inform them of your loved one's death, to resolve all outstanding debts and to close or change ownership of accounts. To make these requests, you will need to show that you are the spouse of the deceased or the executor of his or her estate. Be sure to include as much information as possible about each account, including any documents the institution might need to take action on the account, in your initial letter.
     
  5. Send a written notice to the credit reporting agencies: As soon as you receive the certified copies of the death certificate, send a letter and a certified copy to each of the three (3) credit reporting agencies, Experian, Equifax and TransUnion, requesting a credit report on your loved one and that a "Deceased Alert" be placed in their file. To make these requests, you will need to show that you are the spouse of the deceased or the executor of his or her estate. The credit report will alert you to accounts that need to be closed or modified to remove the deceased's name. The "Deceased Alert" is intended as a warning to potential creditors that the person has died and no further credit should be granted in the person's name. A sample letter for each of the three (3) credit reporting agencies can be found at idtheftcenter.org (See "Form Letter 117-1 Request a Credit Report for the Deceased.")
     
  6. Limit information access of family members: Some cases of identity theft can be tied back to a family member in need of money, unhappy about the terms of a will or bearing some other grudge. The best way to handle this situation is to centralize access to the deceased's personal information with a single person who may share with other family members only on a need-to-know basis. This strategy will maintain the confidentiality of the information.
     
  7. Report all evidence of identity theft immediately: Report all evidence that the deceased has been a victim of identity theft directly to the police in the deceased's jurisdiction, and be sure to file a police report. You must also notify each of the three (3) credit reporting agencies. A sample letter for notification can be found at idtheftcenter.org (See "Form Letter 117-2 When Your Deceased Loved One is a Victim of Identity Theft.")

In large measure, the grieving process is about finding peace -- for your family member and for yourself. For your loved one, peace is an end to illness and suffering. For you, it is the peace of knowing that you have done your best to protect your loved one's memory and to protect yourself from further emotional pain. The steps suggested herein are a means to help you find your peace.

 

Last Modified: May 02, 2011