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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89691
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hello,my parents divorced in1992 my mother was receiving

Customer Question

Hello,my parents divorced in1992 my mother was receiving court ordered community property interest of my fathers monthly retirement..$352.o0 my mother passed awaymarch7th2013, the court order also provides that if my mother were to predecease my father,her community property share of his retirement allowance is to continue to be paid to her heirs, there are three of us.$117.oo each. My two older siblings Have a different father than I. We have the same mother only,I refuse to take this from my father, my two half siblings want to claim their share, my father is87,and in poor health.I asked them to waive their share,for my father needs money for his expenses, they both are doing good financially but are putting their greed in front of familyq. How do I go about getting a judget to revert my fathers retirement back for himself
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If the order states the payment goes to the heirs, if you renounce your share then your share goes to the other heirs I am afraid. If you want the money to go back to your father, then you need to take the money and return it to your father each month when you receive it. The court will not order your share returned to your father from the estate, it will go to the other heirs of the estate.



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Customer: replied 1 year ago.

is thetr any way to petition the order,adking the court to clarify ,the order, basically the other two siblings dont care at all about my father, they want there 117 a month. i want to stop payment to them.i woild like a judge to reveiw the order,and chsnge the order so no one gets his retirement

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I am afraid that you do not have standing to pursue such a change, that was up to your mom to pursue when the court awarded it. Your only recourse in this if your siblings will not sign off would be to turn over your share to your dad, because the probate court would not have authority to change the divorce court decision.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89691
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

so really there is nothing i can do to help my dad other than returning to him my share,? i cant go to the probate division and ask to review, does anyone have the authority to change the order.i know its beyond yoir control, but this is wrong, i appreciate you advice.is their any legal help for military vets i can go too,

Customer: replied 1 year ago.

is there anything i can do to have this changed?

Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry to say that your mom had to seek to change it when it was entered as a court order. It is now too late for you to change it and you do not have legal standing I am sorry to say to do so as this was between your mom and your dad, not the heirs.

Yes it is wrong to you, but the retirement money was part of her estate from the period of marriage, so the court had to give it to her and as such it passed to her heirs.

I am afraid the only thing you can do is give your share back to your dad at this point.
Customer: replied 1 year ago.

thanks for your time, its too bad these things get ugly as mine has, ive lost all respect for the other two involved, have a great day

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. Yes, it is a shame what happens when people die. Heirs can turn into greedy vultures and it is a shame indeed, but in this type of case the claim was something that was decided at the time of the divorce, so it is too late to change it now and your mom needed to do that when the order was entered.

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