1) All references are to Ohio jurisdiction besides ERISA;
2) Divorce of 20 years was finalized in 2007 with each waiving rights to each others pension;survivor rights were not stipulated in decree;
3) Ex husband passed in July 2018 with exspouse naming me as beneficiary for all benefits including 401k, pension, etc;
4) Former employer refuses to provide application for survivor benefits stating that since ex was not married at time of death, there are no survivor benefits to be paid and the plan does not allow for payments to dependent children (two children-currently 15 and 21);
5) In December 2018, I was appointed the administrator of estate in order to resolve estate on behalf of children and subsequently requested copy of employment file. Employer responded with an incomplete file and has failed to respond to subsequent requests;
6) It is my understanding that if our domestic court judge approved a QDRO designating me or children as estate designated survivor then former employer would be required to honor QDRO.
However, I do not know how to proceed on unraveling and pursue a claim on behalf of myself or estate. I know that I need an attorney but I dont know if I need an ERISA, domestic court or probate attorney or all of the above.
Any guidance would be appreciated.
Thank you
Survivor
