Legal Question in Wills and Trusts in California
My father in law passed over 5 years ago. He had no will. He was divorced 1 year before his death and was married to his ex-wife for 5 years. His estate has been settle besides his 401K. He has a girlfriend and my wife listed as split beneficiaries 50/50. His ex-wife has held up disburtion claiming she has a qdro. She has submitted numerous divorce orders and none have met the qualifications to be a qdro. What can I do to get this dispersment done. My wife and I live in Iowa and are having a tough time making this happen. A friend of mine suggested suing for non-performance. We have been told numerous different dispursrment dates and none have ever been done. I thought I read on another site that California law states you have 2 years to produce a qdro if not the money has to be dispursed. Any advice would be helpful.
1 Answer from Attorneys
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