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Texas Social Security Questions & Answers
2 Answers | Asked in Estate Planning, Social Security, Probate and Real Estate Law for Texas on
Q: What should I do with a deceased person's documents found on a job site in Texas?

I found personal documents, including a family will, social security numbers, and court documents, belonging to a deceased person while working in an attic during a demolition and construction project. I'm seeking legal advice on how to handle these documents properly. What should I do next?

Gratia "Grace" P. Schoemakers
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answered on Mar 13, 2025

Since you've found sensitive personal documents belonging to a deceased person, including a will, social security numbers, and court records, you should handle them carefully to avoid legal or ethical issues. Here are the recommended steps (not legal advice):

1. Do Not Destroy or...
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2 Answers | Asked in Probate, Social Security and Civil Litigation for Texas on
Q: Assistance with mom's estate after will destruction by ex-husband.

How can I find a probate lawyer to assist me with my mother's estate? Her ex-husband destroyed her will and hasn't reported it to probate court. He is collecting and using her assets, including her house, car, bank accounts, and cashing her social security payments after her death. My... View More

Isaac Shutt
Isaac Shutt
answered on Mar 9, 2025

The sooner you get to a probate attorney, the better. Even if you don't have the original of the will, the validity and contents of the lost will can be proved by the testimony of witnesses. So, it's great you have witnesses! We call the process "probate of a will not produced in... View More

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2 Answers | Asked in Civil Litigation, Public Benefits, Social Security and Probate for Texas on
Q: Options for fraud lawsuit against former daughter-in-law in Texas over aunt's estate and benefits.

I am facing a situation where a woman, formerly my aunt's daughter-in-law, has fraudulently claimed to be her daughter after my aunt passed away in Carrolton, TX, in November 2023. She has allegedly committed numerous fraudulent acts, such as falsely obtaining and altering the death... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2025

You may or may not have a lawsuit for fraud, breach of fiduciary duty, conversion, etc. Without knowing how each "bad act" caused you legally compensable damages, it is very difficult to ascertain the amount. The JC Penney death benefits ought to have a monetary value attached. If you... View More

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2 Answers | Asked in Family Law and Social Security for Texas on
Q: My son is 23 teas old and dad had a stroke is in hospital and he not able to move need to make my son power of attorney

needing to make my son power of attorney he is the next of kin to his dad his dad is compatible

John Michael Frick
John Michael Frick
answered on Nov 7, 2024

Given that his dad has had a stroke, it is highly advisable to secure a medical opinion that dad is mentally competent to execute a power of attorney. I would advise visually recording dad's signing of the POA in the event of a future challenge as to whether dad was competent at the time he... View More

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3 Answers | Asked in Admiralty / Maritime, Contracts, Business Law and Social Security for Texas on
Q: What are the powers that an authorized agent has to act on an account for the principal?

Accepting and transferring balances to the principal account

James L. Arrasmith
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answered on Jun 2, 2024

As an authorized agent on an account, you have the power to perform specific financial actions on behalf of the principal. These actions can include accepting and transferring balances to the principal's account. Essentially, you manage financial transactions that the principal has entrusted... View More

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3 Answers | Asked in Admiralty / Maritime, Contracts, Business Law and Social Security for Texas on
Q: What are the powers that an authorized agent has to act on an account for the principal?

Accepting and transferring balances to the principal account

John Michael Frick
John Michael Frick
answered on May 28, 2024

An authorized agent has whatever powers the principal has given to the agent acting on his/her/its behalf. An agent has a fiduciary duty to act honestly in accordance with the principal's instructions in good faith with utmost loyalty to the principal and to refrain from self-dealing.

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1 Answer | Asked in Social Security for Texas on
Q: What Lawyer can I get for Ex-Spousal Benefits for Social Security.

We were together from 1994 to 2010. We legally married in 1996 and divorced in2001. But we still were together before marriage and after divorce.

Thank you for your guidance on this. I Do appreciate it much.

James L. Arrasmith
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answered on May 17, 2024

To be eligible for ex-spousal Social Security benefits, you must meet the following criteria:

1. Your marriage lasted 10 years or longer.

2. You are unmarried.

3. You are age 62 or older.

4. Your ex-spouse is entitled to Social Security retirement or disability...
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3 Answers | Asked in Social Security, Civil Rights and Internet Law for Texas on
Q: hello, Can a person get sued for emailing another persons social security info with no permission?
James L. Arrasmith
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answered on May 12, 2024

Emailing someone's Social Security number without their permission may be illegal under various state and federal laws. Here are a few potential legal issues:

1. Identity theft: If the person emailing the SSN does so with the intent to commit identity theft or fraud, they could face...
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3 Answers | Asked in Social Security, Civil Rights and Internet Law for Texas on
Q: hello, Can a person get sued for emailing another persons social security info with no permission?
John Michael Frick
John Michael Frick
answered on Apr 30, 2024

It depends on that facts and circumstances whether the person had a duty to treat the other person's social security information as private. An employer or healthcare provider has a duty to keep such information private and cannot email that information to another other than for a permitted... View More

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1 Answer | Asked in Identity Theft and Social Security for Texas on
Q: Hi, I'm part of the 1.9 million that got their info stolen from the Zeroed-in Tech companies' data base.

If you were in my shoes and hoping to get maximum compensated for the violation of my private information, what would be the best steps for me to take? THANKS!

James L. Arrasmith
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answered on Dec 14, 2023

If your personal information was compromised in the Zeroed-in Tech data breach, the first step is to secure your personal information. Change your passwords, monitor your credit reports, and be vigilant for signs of identity theft. This proactive approach can minimize potential damage.... View More

1 Answer | Asked in Civil Litigation and Social Security for Texas on
Q: In ga I was common law married 19 years when ga recognized we separated, I then met married and divorced another man

But had a child with my common law husband am I eligible for his benefits hes deceased or am I a bigamist social sec says I can't get it because we never divorced we never married either

James L. Arrasmith
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answered on Nov 17, 2023

In Georgia, if you were in a common law marriage before the state ceased recognizing such unions in 1997 and never legally dissolved it, that marriage may still be considered valid. Entering into a legal marriage with another person while still in a valid common law marriage could potentially be... View More

1 Answer | Asked in Collections, Gov & Administrative Law and Social Security for Texas on
Q: How to recoup retirement money after judge's order contradicted?

I received three debt judgments, and a receiver was appointed, seizing funds from two of my bank accounts—one with Social Security funds and the other with my paycheck in Texas. After presenting my documentation at a hearing, the judge ordered the return of $14,122 in Social Security protected... View More

James L. Arrasmith
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answered on Mar 16, 2025

You're facing a challenging situation, but you still have strong legal options. Since you've already filed a motion for contempt, the next practical step is to request an emergency or expedited hearing from the court. Contact the court clerk directly, explain the urgency and the... View More

1 Answer | Asked in Collections, Social Security and Gov & Administrative Law for Texas on
Q: How to recoup Social Security funds after conflicting court orders?

I received three debt judgments, and a receiver was appointed, seizing funds from two of my bank accounts—one with Social Security funds and the other with my paycheck. After presenting my documentation in a hearing, the judge ordered the return of $14,122 in Social Security protected funds... View More

James L. Arrasmith
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answered on Mar 16, 2025

You are dealing with a complicated situation, as two conflicting court orders are causing confusion about your protected Social Security funds. First, immediately notify the judge overseeing your contempt motion about the receiver’s noncompliance and the contradictory disbursement order. Clearly... View More

1 Answer | Asked in Social Security and Family Law for Texas on
Q: Am I entitled to claim social security benefits from my ex-husband's record?

I was married to my ex-husband for more than 10 years, and I am currently 72 years old. I have not remarried and am receiving my own social security benefits of $900 monthly. Am I entitled to claim social security benefits based on my ex-husband's record, even though I filed for benefits... View More

James L. Arrasmith
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answered on Mar 16, 2025

Since you were married to your ex-husband for over ten years and have not remarried, you may indeed be eligible for Social Security benefits based on his earnings record. Being 72 years old means you're already beyond full retirement age, which qualifies you to receive benefits at their... View More

1 Answer | Asked in Divorce, Social Security and Family Law for Texas on
Q: Separated, complex PTSD, spouse controlling my Social Security funds. Legal rights?

I am undergoing a divorce and suffer from complex PTSD. My only income is from Social Security mental disability benefits. My spouse verbally agreed to leave my automatic deposits and withdrawals intact and to remove their name from my bank account, but hasn't done so. They're using my... View More

James L. Arrasmith
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answered on Mar 16, 2025

You have the legal right to directly control your Social Security disability payments, as these benefits are specifically intended for your care and support. Your spouse does not have any automatic entitlement to control or access these funds, especially without your explicit consent or a legal... View More

1 Answer | Asked in Social Security, Animal / Dog Law and Family Law for Texas on
Q: Can courts order visitation for an emotional support dog in Texas?

I am on Social Security mental disability benefits and rely on my emotional support dog, who is registered with documentation. My spouse, from whom I am separated, claims she can be awarded visitation rights (1st, 3rd, & 5th weekends) for my emotional support dog. My spouse never showed... View More

James L. Arrasmith
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answered on Mar 16, 2025

In Texas, pets, including emotional support animals, are legally considered personal property rather than family members. Unlike children, courts generally do not grant visitation rights or custody schedules for animals. Your spouse’s claim for structured visitation similar to child visitation... View More

2 Answers | Asked in Divorce, Estate Planning, Family Law and Social Security for Texas on
Q: Can my spouse claim half of my inheritance in Texas?

I am concerned about whether my spouse can claim half of my inheritance money, which includes insurance money and a bank account willed to me, once my parent passes away. We don't have any prenuptial agreements, and my financial obligations have been separate from my spouse, who is financially... View More

Isaac Shutt
Isaac Shutt
answered on Mar 7, 2025

Inheritance is separate property when inherited. However, some people run awry when they blend their separate property with community property. So, keep your separate property separate!

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1 Answer | Asked in Social Security for Texas on
Q: Seeking help with Social Security disability reapplication after previous denials due to incomplete application.

I have filed for Social Security disability twice in the past and was denied both times. The denials were due to my application being incomplete and because my neurologist dropped me as a patient after I had surgery. Since then, I have a new neurologist and have undergone about five surgeries.... View More

James L. Arrasmith
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answered on Feb 25, 2025

Your situation with Social Security disability deserves another attempt, especially with your new neurologist and documentation of multiple surgeries since your previous applications. Having 100% VA disability status is significant supporting evidence, and you should gather all medical records... View More

1 Answer | Asked in Public Benefits and Social Security for Texas on
Q: How can I qualify for Social Security benefits with no medical documentation and multiple health issues?

I have spent about 20 years in prison on and off, and my PTSD is severe. I have not taken any medication for it, and I struggle with social anxiety that paralyzes me. Additionally, I suffer from a degenerative back disorder and a ruptured disc, making me unable to work. I have no medical... View More

James L. Arrasmith
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answered on Feb 23, 2025

Your situation sounds incredibly challenging, and I want to help you navigate the Social Security disability process with your unique circumstances.

Without existing medical documentation, your first step should be establishing care through free or low-cost health clinics in Texas - many...
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1 Answer | Asked in Social Security for Texas on
Q: What to expect in SSD process after 12-month wait and state transfer?

I have been waiting 12 months since refiling for Social Security Disability due to worsening PTSD, mental health, and newly detected colon cancer. Originally approved in 2008 for PTSD following an attack, my case was transferred from Texas to Arkansas due to backlog. Despite providing full medical... View More

James L. Arrasmith
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answered on Feb 23, 2025

Your 12-month wait for SSD after refiling is understandably frustrating, and I hear how challenging this situation has been, especially while managing PTSD, mental health concerns, and colon cancer. The transfer between states can add complexity to the process, but you've done the right thing... View More

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