A: The account here is a little hard to follow. It is highly unlikely the social security administration would recognize this arrangement as a common law marriage entitling your friend to social security benefits. A common law marriage under Texas law is not created just because someone declares it - rather, the focus is on whether the couple held themselves out to the community as being married. Does not sound like your friend has even a slim chance of convincing SSA she and the old man were "common law married".
I don't think your friend will be exposed to a fraud charge if she presents the document to SSA - although it is going to look very suspicious: younger caregiver
presenting a document drafted by a dying old that would allow her to get his social security. SSA could contact other authorities to investigate whether there had been some type of elder abuse. I could see why. In fact, I am very suspicious of your friend - at the least she sounds very unethical. May I ask politely why you are friends with a person who moves from the grandson to the old man after his spouse dies and may have convinced the old man on his death bed to give her his property? ... Read More