Post mortem Qdro

[Guest babyspider555]

My ex-husband died this year. I did not know I was entitled to benefits until

his union contacted me. I have since filed a QDRO. What are my chances.

The firm I am working with says very good any opinions?

[Mike Preston]

I don't think anybody here will be able to offer an opinion based on the facts that you have presented. If the firm you are working with says your chances are pretty good, then it is highly likely that your chances are pretty good.

Do you know whether your ex remarried? Do you know who your ex named as beneficiary under the plan? Do you have a marital settlement agreement that specifies what you are entitled to? Was your QDRO stiplulated or contested? If stipulated, who represented your ex? Do you have a copy of the SPD for the plan? Do you have a copy of the actual plan (not just the SPD)? was your ex in pay status when he died? If so, do you know what benefit was being paid? If so, do you know who he named as his beneficiary with respect to his benefit election?

As you can see there are a number of questions that need answering and some research documents that are needed before anyone can give you an opinion.

But, since I'm not a lawyer, you can ignore everything I say anyway!

[Guest babyspider555]

My ex never remarried and his children are beneficiaries. I have no idea about the plans as this is new to me.

[RCK]

This is certainly a situation where you want to rely on the advice of professionals that you selected and have hired for that purpose.

But if you want to listen to off-the-cuff answers from total strangers . . . .

I agree that there is a wide range of possible facts and outcomes, and we'd need to know a lot more to give decent opinions. But if your ex disclosed the existence of a pension, and the divorce decree specifically awarded it to him, and his plan did not have a non-spousal death benefit, then I'd say it does NOT look good.

[mbozek]

If you were divorced before your husband's death and your children were designated as his beneficaires what benefits would you be entitled to? Are his children aware that you have filed a QDRO? Does the union know that you were divorced?