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Texas Social Security Questions & Answers
Q: As a widow, am I entitled to royalties from my late husband's licensed patents?

I am the widow of an inventor who had numerous utility patents. He passed away unexpectedly at 55, and we were married for 15 years. I was unaware of these patents until eight years after his passing. His patents are licensed, and he told me we would be rich, but I didn't understand what he... View More

John Michael Frick
John Michael Frick
answered on May 7, 2025

Whether you are owed royalties depends on the language of any agreement signed by you or by your deceased husband permitting others to use the inventions he patented. If someone is using the patented inventions without permission, what constitutes a fair royalty can be one measure of any damages... View More

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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

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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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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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 Probate, Social Security, Criminal Law and Public Benefits for Texas on
Q: Potential criminal charges for using deceased mother's social security payment.

My mother passed away on the 5th after being in home hospice for two weeks. I've been managing her finances and medical affairs for the past few years, as agreed upon with my sister and her kids. Before she passed, she instructed me to use her final social security payment (received on the... View More

James L. Arrasmith
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answered on May 14, 2025

I'm really sorry for your loss, and I understand how confusing things can get when trying to handle a loved one’s affairs during such a difficult time. Using a deceased person’s Social Security payment—even for their own bills or groceries—can be a legal issue, because those payments... View More

1 Answer | Asked in Employment Law, Public Benefits and Social Security for Texas on
Q: How to withdraw SSDI application without risking NYLB liability?

I do not wish to pursue Social Security Disability Insurance (SSDI) payments, but New York Life Benefit (NYLB) has obliged me to file an SSDI claim, which is currently pending determination. I want to withdraw my SSDI application before a determination is made, without incurring any liability or... View More

James L. Arrasmith
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answered on May 1, 2025

To withdraw your SSDI application without risking NYLB liability, you should first review your private disability insurance policy to understand your contractual obligations. Many private insurers like NYLB require SSDI applications as an offset provision, allowing them to reduce their benefit... View More

1 Answer | Asked in Social Security, Collections and Public Benefits for Texas on
Q: How to contest a $10,000 debt claim from Social Security with no prior notice?

Four weeks ago, the Social Security office informed us that my husband owes them $10,000, but he has never received any prior communication regarding this debt. He noticed the issue when his SSI check amount was less than expected and reached out to them. We're meeting with them tomorrow to... View More

James L. Arrasmith
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answered on May 1, 2025

When contesting a Social Security overpayment claim without prior notice, you have multiple options to pursue. You can request a reconsideration within 60 days of receiving the overpayment notice, and if you file this request within 30 days, the Social Security Administration (SSA) will stop... View More

Q: How can I protect my son's identity and benefits while managing his mineral rights?

I filed for ancillary probate in Texas after my wife passed away intestate, adopting our minor son. He was named an heir, and I was appointed by the court as the administrator and custodian. We receive oil and gas royalties in Texas. Recently, I received a letter from the oil and gas company asking... View More

James L. Arrasmith
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answered on Apr 16, 2025

You’re absolutely right to protect your son's identity and disability benefits while managing his mineral rights. One of the best options is to create a revocable or irrevocable trust where you serve as trustee, and your son is the beneficiary. The trust can hold title to the mineral... 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

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