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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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If my ex wife has passed away and she received a portion of

Customer Question

If my ex wife has passed away and she received a portion of my website via a QDRO will I be able to get that amount returned to my pension payout?
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
Yes, once a former spouse passes away, your obligation to pay disappears. Therefore your QDRO likewise disappears and you are entitled to keep the full balance of your pension. The estate can demand a lump sum portion of the pension amount if this pension can be surrendered or split up. If that is not possible you end up keeping the full amount.
Sincerely,
Dimitry, Esq.
Customer: replied 2 years ago.
What if the QDRO said I had no future claim on her portion? Can that be nullified? Thank you, John
Expert:  Dimitry K., Esq. replied 2 years ago.
John,
In that case that amount is not yours but belongs to the beneficiaries, I am afraid. If you have no further claim as per the document, the estate gets to control that pension amount and potentially transfer it to the remaining beneficiaries if any. About the only way you can try to nullify it is if she left no inheritors, heirs, or beneficiaries. I am sorry about that!
Sincerely,
Dimitry, Esq.
Customer: replied 2 years ago.
As far a I know she has not designated her children as beneficiaries, so how do I get this money returned to me so that my former employer is not off the hook and I get it back?
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi,
My apologies but if she has children, she has automatic beneficiaries. If there is no will, the state's intestate share law is utilized to split the estate and the children will split those funds between them. She does not have to designate the children, it just makes the probate process easier to pursue. Therefore you would not have a basis to nullify the order.
Sincerely,
Dimitry, Esq.
Customer: replied 2 years ago.
Her children are 49 and 53 years old. I worked for this company from 1958 thru 2006 ( 48 years!) so I feel that money is due me not her children. Please advise.
Thank you,
John
Expert:  Dimitry K., Esq. replied 2 years ago.
John,
In most cases I would agree with you. But not if a court order states otherwise. If you knowingly signed a QDRO which transferred this amount and you agreed that you have no further claim to it, then that language controls. Her children therefore have the right to the funds and not you. I apologize but I must be honest and direct based on the facts that you have listed. Please take care!
Sincerely,
Dimitry, Esq.
Customer: replied 2 years ago.
But what if she did not designate them as the alternate recipients and took the full amount for herself ...which is the case. Can I petition my former employer to return the funds to me?
Expert:  Dimitry K., Esq. replied 2 years ago.
She did not have to designate them. If she failed to do so, state probate law takes over. Your former employer has nothing to do with this, and the employer is NOT in any way responsible to return the funds to you. They are not the courts and they cannot evaluate your position. Only the judge can choose to nullify this, but no judge will do so if the language of your QDRO is so specific.
Please take care.
Sincerely,
Dimitry, Esq.
Customer: replied 2 years ago.
Well that's not right...If I worked the years.....it is my pension, thanks for the information, :-(
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.
I am sorry about that, I am, but the moment you signed the QDRO that person is no longer 'yours'--it was your ex spouses's and is now her estate's. I realize that this is unwelcome news but I must be honest and realistic with you, even if the information is not at all as to what you hoped to hear.
Please take care and good luck to you!
Sincerely,
Dimitry, Esq.

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