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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 113507
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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How do you prepare a stipulated QDRO when member

Customer Question

How do you prepare a stipulated QDRO for CaPERS when member dies before qdro prepared? Does executor sign instead of deceased member, or is qdro prepared for only court to sign?
JA: The Employment Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: CalPers model qdros are formatted as "stipulations." since the dead member can sign such a stipulation, does the executor of estate sign in the dead member's stead or is the format modified from a stipulation to straight court order?
JA: I think I may have missed something. Could you explain? OK. The Employment Lawyer will need to help you with this. Anything else I can tell the Employment Lawyer before I connect you two?
Customer: does that help?
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and connect you two.
Submitted: 10 months ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the executor refuses to sign the stipulations as they represent the deceased spouse's estate, the court has to issue the order after a hearing and presentation that the person has died. The executor of the estate needs to be served a copy of the petition for QDRO and have a chance to object in court. The court would have to issue the order at that point.
So first, you try to negotiate with the executor to sign agreeing and if they refuse, then you need to file a petition for QDRO and get the court to issue it after a hearing.
Customer: replied 10 months ago.
Thank you very much. I'll see if the executor will sign.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
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