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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11655
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer Question

My father-in-law's ex-spouse filed a Stipulated Domestic Relations Order (through counsel- granting survivor benefits) 10 days after my father-in-law's passing. They had been separated and pending dissolution since 10/2003. She didn't petition to finalize the dissolution until he was hospitalized with his final illness and the dissolution was granted 10 days before he passed. The property settlement reference she included in the declaration for finalizing the dissolution is one they jointly signed, agreed to and filed in 2007 and that MSA stated that her community property interest in his retirement benefits ended with his death. My husband has petitioned the court for substitution as his father's successor in interest. How likely is the court to set aside the order and on what grounds?  She was present at his death; so was my husband; she did not inform the hospital or my husband that she was no longer married to my father-in-law (she told my husband the day after his father passed and in the context that she wasn't allowed to make funeral arrangements because she was not married to him at his death) and, yet, she acted in her capacity as his wife to remove him from life support.

Petition for Dissolution  - Oct 17, 2003

MSA Filed - Mar 5, 2007

Nothing docketed in case from MSA filing until April 6, 2015

Father-in-law entered final hospitalization Mar 8, 2015

Stipulated DRO "signed" by him Mar 26, 2015

Declaration to finalize dissolution referencing Mar '07 MSA filed Apr 6, 2015

Dissolution granted Apr 10, 2015

Father-in-law passed Apr 20, 2015

DRO filed and entered Apr 30, 2015

Submitted: 1 year ago.
Category: Family Law

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