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my ex husband of 29 yrs died recently, in our divorce there

was a Qdro but it...
my ex husband of 29 yrs died recently, in our divorce there was a Qdro but it was never filed with his employer, what do I do?
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3/21/2013
LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7,639
Experience: Relax. Let's work together. Practical solutions.
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Hello Vickie,
Can you please tell me:
(1) the date of your final divorce decree;
(2) the name of your state jurisdiction; and
(3) why it wasn't filed (i.e. did a lawyer fail in this regard, etc.)
Thanks!
Ben, J.D.

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Customer reply replied 4 years ago

my divorce was on Feb. 22, 2008, in Oakland county. My attorney said that he did not handle Qdro and would refer me to an attorney who did, but he never did the referel.

Hello again Vickie,


My name isXXXXX'm a licensed attorney. Glad to try and help out.

Sure sorry for the circumstances, truly. My heart goes out to you.

Here's how this works, and actually based on your description the situation is likely not as dire as it seems. It's certainly proper practice to file with an employer, and I don't mean to downplay the importance of doing so. However, the really hugely important step is to attend to filing the Qualified Domestic Relations Order (QDRO) with the Court, which fortunately sounds like did take place here pursuant to your Final Divorce Decree. If that's the indeed the case, meaning a proper QDRO (including death protection) was timely filed, then you should pursue the matter by submitting a certified copy to Human Resources. If that was not done, however, then that's another matter entirely and it's very unfortunate. Meaning, to speak candidly, you're out of luck with the employer and if you want to pursue the matter would have to explore asserting a potential claim against your former family law counsel on a theory of malpractice liability.


If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.


I truly hope all works out for you.


Take care,


Ben, J.D.

LawHelpNow
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Category: Family Law
Satisfied Customers: 7,639
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Customer reply replied 4 years ago

so what your saying is that seeing that it meaning Qdro was not filed with my exhusbands employer prior to his death, I am out of luck and there is nothing that I can do?


A claim against my former family law counsel,lol. who would I get to take that on, what a joke!!!!!!!!!


 

Hello Vickie,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D.
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