Chiswick

It is a QDRO that has been accepted by the plan. Point of fact is that she never signed the QDRO only her son who is appointed to oversee her estate has signed it.

I need clarification on wording signed by the court on 1/7/21 - This Order assigns to the Alternate Payee, myself as the husband 55% of my ex-wife's Account as of December 31, 2018 including any investment experience thereon from December 31, 2018. She passed away in March of 2020. Funds have not been transferred as of yet. It states under Death of Participant: In the event that the Participant dies prior to the transfer of funds, such Alternate Payee shall be treated as the Participant's beneficiary to the extent of his assigned interest as set forth herein. My question: Does the amount of payment still hold at 55% as stated in the QDRO whether or not my ex-wife had signed the QDRO prior to her passing.

What does the following wording mean in regards to a QDRO? (including any investment experience) Our 401k QDRO was recently completed nunc pro tunc after our divorce in August of 2018. My wife passed 7 months after the divorce judgement. Her son is beneficiary. The QDRO states: This order assigns to the Alternate Payee (myself) 55% of the Participant's account as of December 31, 2018, including any investment experience thereon from December 31, 2018 to the date of transfer to him. The judgement assigned 45% to my ex-wife so her son will be the beneficiary of that percentage. So in regards to investment experience does that include any interest made up until the date of transfer? or is it just based on the balance of December 31, 2018 or today's value??

My divorce was final in August of 2019. We had QDRO’s drafted by a qualified plan attorney and I signed mine. Ex-wife had mental health issues and was hospitalized for attempts on her life. She succeeded in March 2020. My attorney states that now her estate will need to be probated. She told me that whatever decision was determined by the judge in divorce decree regardless of whether or not ex-wife signed the QDRO’s before her untimely death would still prevail. Neither her son or brother has come forward as executor -. Is my next step to file a motion with the court to get an executor appointed? I would like to get the QDRO’s processed but not sure what the process is? My attorney is just taking a wait and see approach right now.