Get free answers to your Social Security legal questions from lawyers in your area.
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

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
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?

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... View More
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

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
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

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

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
Accepting and transferring balances to the principal account

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.
Accepting and transferring balances to the principal account

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
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.

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... View More

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... View More

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
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!

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
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

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
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

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
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

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
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

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
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

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
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

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
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

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
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

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
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

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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