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Alternate payee died before divorce settlement


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Marriage was bifurcated, (due to age and health of both parties both in their 80s and respondent has Alzheimer’s)   court hearing set to address community property but was continually postponed by petitioner’s and respondent’s lawyers.  18months after DOS, petitioner never received any retirement benefits due to the fact that her attorney never filed a DRO.  Petitioner’s health declines and has a guardian ad litem appointed to her.  Petitioner subsequently dies but the retirement benefits had not been addressed by the courts.  2/12 years later a court date is set to address retirement benefits and petitioner’s estate is now filing a DRO.  Will petitioner’s alternate payee status flow to her estate in a defined benefit plan?  Will there be any ramifications if petitioner’s council didn’t file the DRO while his client was alive?  

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Locking due to double posting.  See duplicate thread for responses.  (Yes, I recognize this is slightly different, but the differences were minor and they were clarified on prior thread.)

The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.

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  • Effen locked this topic

Here is the other post:

  

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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