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Indicting credit card abuse when victim predeceased?

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March 13, 2008, 09:42
JM
Indicting credit card abuse when victim predeceased?
A burglary occurred and credit cards were stolen and used. The cardholder died a few days prior to the burglary. I'm not sure how to indict this. Just looking at the statute, I would assume I still use the cardholder's name. I'm just not sure if I need to include her estate or her personal representative. Any suggestions?

The burglars are of no relation to the victim that I'm aware, so they should have no claims to any of the estate.
March 13, 2008, 11:32
<Bob Cole>
I would use her personal rep or executor and would include the relationship

i.e. "Jane Doe, as executor for the estate of Mary Smith, a deceased person"--- It is probably more info than is necessary, but I don't want the jury to look at me all glassy-eyed at trial.
March 14, 2008, 09:30
Shannon Edmonds
They just got a conviction on something similar, if the newspaper accounts have it right:

Dallas man sentenced in theft of dead Grapevine man's credit card