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I was separated from my husband (legal separation) and according

to the legal papers I...
I was separated from my husband (legal separation) and according to the legal papers I was supposed to receive half his pension. He retired and did not tell me for eight months after the fact. He took it with no death benifits He died less than a year after . He legally was not supposed to take it that way. NY State will not budge as far as giving me my half.
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Answered in 24 minutes by:
10/1/2012
TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12,473
Experience: JD, MBA
Verified
Hello and thank you for allowing me the opportunity to assist you.

If there isn't already a QDRO, then I'm afraid that it is too late because your ex, who must sign it, has already passed. In this situation, I would think that your attorney is at fault for failing to get that done at the time the divorce was entered. If I were you, I would talk to that attorney and see what he says about it and see what he's willing to do about it. I would expect that he would make the necessary inquiries to the state without charging you any legal fees. Assuming that doesn't work, and the state won't budge because the QDRO is missing, then you may want to consult with a new attorney who handles legal malpractice cases. It's possible that you have a valid claim against your divorce attorney and can seek compensation from his insurance carrier.

Does that answer your question? Let me know if you need clarification, and please remember to rate me positively so that I receive credit for my efforts.

Thank you and good luck!
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Customer reply replied 5 years ago


I appreciate you getting back to me. I don't know if you didn't understand the question or I didn't explain it right. I was legally separated in 2007. My husband didn't tell me that he retired in March of 2008. I found out late September of 2008. He already signed the papers that he was going to take his pension with no death benefits. He was not legally supposed to do that. If I got a QDRO before he died would the state have changed his option. Also can you get a QDRO without divorce. Does QDRO mean divorce? If that didn't come across the right way the first time I appoligize. Let me know if I have to pay another fee. Thank you Patricia

Hi again. I'm sorry, but I want to get back to you anytime soon, so I will Opt out to allow another attorney to further assist you. I wish you luck.
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FAMILY EXPERT
Category: Family Law
Satisfied Customers: 450
Experience: New York Attorney
Verified

Good Day ,

I am a US Attorney and I'll be answering your question today. My advice is restricted to advice surrounding the general principles of law governing your issue and you should not act on this advice but seek further clarification from a specialist in your County.

I've been asked to follow up on your question.

NO A QDRO can only be filed after the divorce papers have been served.

YOu must contact the probate office to see if the estate was administered correctly.

Thank You for your question.

Please RATE my answer now either GOOD or EXCELLENT , so that I get credit for this answer and leave a BONUS if possible

FAMILY EXPERT
Category: Family Law
Satisfied Customers: 450
Experience: New York Attorney
Verified
FAMILY EXPERT and 87 other Family Law Specialists are ready to help you
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Customer reply replied 5 years ago


Your replys say Divorce. I was legally separated. Can you answer another question? When you get legally separated in NY State. Where does it have to be filed to be valid?

A legal separation has the same general procedure as a divorce and is filed with the family court.

Thank You

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Dear Customer,

I was pleased to receive and answer your question.

I see you have no rated the service GOOD or EXCELLENT SERVICE to pay for my answer.

Do you have any FURTHER QUESTIONS regarding my answer ?

I will be happy to follow up on any additional questions.

This is a HONOR SYSTEM in which the customer rates an answer GOOD or EXCELLENT and leaves a BONUS/TIP in good faith for a service received.

Thank You

Bob

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FAMILY EXPERT
FAMILY EXPERT
FAMILY EXPERT, Lawyer
Category: Family Law
Satisfied Customers: 450
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