Bifurcated mess

Corrected spelling error. Actually, just looking for advice.

All of the information in the replies are greatly appreciated. I’m trying to decide if I should settle or go to court (California) on behalf of my dad. I am the POA, Guardian ad litem, of the respondent. His retirement plan is 50% J&S annuity, ERISA qualified, defined benefit plan. Since the bifurcation ( mid 2019), he had been receiving 100% of his benefits because opposing counsel never filed a DRO. But oddly enough they did subpoena his bank and retirement accounts twice. She was getting court appointed spousal support as well as funds for her attorney fees. She was ordered to move out late 2019) due to her abusive behavior towards my father and given funds from respondent to do so. Ex spouse became unable to care for herself (mid 2020) so I acknowledged and agreed that her daughter be assigned as her Guardian ad litem (I was guilty of being ignorant to the fact that she would do this to my father). Ex spouse died late 2020 and her guardian ad litem stepped into finish the community property/retirement issues with the court. The guardian for the ex spouse is now representing the estate for the case trying to get arrears as well as half (community property in California) of the retirement benefits until my dad dies. They had an actuary compile numbers which estimated 6 years of payments that they will be owed. Wouldn’t the opposing counsel be considered negligent because they never filed a DRO while ex spouse was still alive? She should have been receiving the retirement benefits while she was alive but now they are claiming the payments will flow through to her estate via a QDRO.

Actually they (alternate payee’s estate) are filing (suing the participant) for retroactive payments from to the date of the bifurcation until participant dies (who by the way is still alive). They (Alternate payee’s legal team) brought in an actuary and established his (participants) life expectancy to try and offer a settlement to the respondent. AP’s estate wants retroactive payments as well as payments moving forward until participant dies.

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?

The participant is alive the alternate payee (who filed for the divorce) has died. Her estate is now filing a DRO, they resided and married in California.

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 continually postponed by petitioners and respondent’s lawyers. After 18months - Petitioner’s attorney never filed a DRO. Petitioner’s health declines and has a guardian ad litem. 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?