Legal Question in Family Law in Texas

Hi my husband passed away in july and the funeral home said i could claim his social security since we were married and i have 3 children with him but his older daughter is saying she has to claim it cause she is in charge of her dads stuff can you please help me and tell me if thts true or if i have the rights since i am his wife legally


Asked on 8/11/15, 2:03 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

First, someone needs to notify social security so they stop sending checks to your dad. Only living folks can collect social security. No one is entitled to social security payments made to your husband after his death.

Second, how is the oldest daughter in charge of all of your husband's stuff? If he left a will, the will would appoint an executrix. If there was no will, a probate court would appoint an administrator. That person would be in charge of his estate.

If his check was larger than yours is, and you are collecting social security, you may have an option to collect the amount social security was paying him rather than what they are paying you. Suggest you contact the social security website or their office or an attorney that practices in this area.,

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Answered on 8/14/15, 1:15 pm


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