Jessalynn

There’s no claim against the estate yet, but I found a probate lawyer just incase. It’s 1 year to put a claim in against the estate in Colorado. The husband’s ex didn’t use a lawyer when they did their Divorce Decree/ judgement. Only thing in there is the life insurance part she waved everything else. But I kind of wonder now, that his ex might have a malpractice case against her current lawyer? Exxon told him what information to try and get added to the divorce decree so they can consider it QDRO. Her lawyer had a motion to clarify entered on the divorce decree last year, and that judge said ok, but they need to tell the court who should be substituted in for the deceased. Her lawyer failed to respond in time (90 days) I think. Her lawyer is trying to sue Exxon now because of all the time that has passed and he followed their advice on trying to update the DRO but failed. He also didn’t put a claim in on the estate within the first year and is trying to find out from the federal judge if he can.

Sorry thought I was helping by including history on how this mess is going, trying not to leave out info. Colorado- CO Rev Stat § 15-12-803 (2016) (III) As to all creditors, within one year after the decedent's death. Exxon’s Basic Life Insurance, SPD confirms it’s under ERISA, and the ex-wife is not fighting that this is an ERISA issue. My husband’s ex-wife is asking that her 2014 Divorce Papers, which are missing the life insurance plan names and dollar amounts(2 of the main 4 QDRO requirements) to be considered a QDRO. In the life insurance section of the divorce papers it says “deceased should have ex-wife listed as beneficiary on all life insurance” There is nothing in the divorce papers about the pension or retirement plans, she waved those sections. But it’s looking like her lawyer is starting to understand that the papers will not be considered a QDRO since they’re missing information. It’s been 1.5 years since my husband died. Her lawyer is asking the judge that all this time spent trying to find out the plan names and amounts be considered discovery so he can potentially sue the estate, which I never had to open and is outside the 1 year. So just wondering in cases where there is no QDRO, what do people try to do if there was a breach in contract from divorce papers? Trying to figure out how to prepare for when the funds are actually released to me, especially because her lawyer is already suing me for not voluntarily telling Exxon that I hand over the life insurance.

Background: Married in ‘16 then Oct ‘17 accident in CO, I survived my husband did not. I hire a accident firm. Life insurance is under ERISA which is based off 2x’s wage(there’s an annual raise). Within the first week the ex submitted a claim and was told she wasn’t listed as the beneficiary. She hires a lawyer. DRO from 2014 does not have plan names or amounts. Jan.-employer sends them a non-QDRO letter. Feb.-they open a motion to clarify for DRO to insert 2014 amounts and judge tells them they need to figure out who to substitute in due to death. Around the same time my accident lawyer contacts the ex to ask if she’ll sign for a QSF to work out details of wrongful death suit that will go to husband’s daughter. Her lawyer contacts my accident lawyer trying to get 2014 life insurance information. My lawyer informs him she’s only handling the accident case. The ex’s lawyer decides to fight QSF since he can’t get 2014 information. In May he starts declaratory judgment case against the employer and me while also asking the court to weight the life insurance and wrongful death amounts against each other. Case is transferred to federal court under ERISA. Oct ‘18 passes by and I don’t have to open the estate since we were co-signed on house and totaled out truck. I hear nothing back about modifying the DRO, I think they missed the 90 day to substitute someone in. No claims come in to estate from ex’s lawyer, he still just wants 2014 information. Jan ‘19 judge dismisses case and separates wrongful death back to state court. Feb ‘19 ex’s lawyer rewrites his case against employer to ask that DRO be considered a QDRO and asks court to consider extending time to sue the estate if not QDRO. He then also starts a conversion case against me at state court saying I’m controlling the funds that the employer has not paid out yet since I won’t sign them over. Question: Have you ever seen a statue of limitations to submit a claim against an estate extended relating to an ERISA benefit? I am excused from the ERISA case but have been keeping tabs on it with my pacer login. New case against me brings up my accident lawyer, so she is going to respond asking for fees and harassment since the other judge in the dismissal hinted to the ex that I’m not apart of the DRO.