QDROs next step

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.

1 hour ago, Chiswick said:

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.

You are not going to get answers you can depend on here. You need to work with the attorneys to figure out what is going on. I should also point out that attorneys that require the two spouses to sign the QDRO are making requirements that are not in the law.  ONLY if the judge mandates that (and some have done so) should it be included.  The law does not require participant agreement; only that the order properly reflects the judges decision, whether the participants agree or not.  A participant saying "I'm not going to sign that thing" should never defeat the ability to have a valid QDRO approved by the court and executed by the plan.