Legal Question in Family Law in Florida
My parents divorced in 2001 and my mother was awarded 56% of my dad's IRA. A QDRO was to be executed by my dad's lawyer, but it was never done.
My father retired in 2004 and rolled the funds that were in a 457 plan (since he was a city employee) into a Statefarm IRA.
My father became very ill this year and my mother filed in family court that she never got the 56% of the IRA. Sadly, my father passed away and her claim has now moved against the estate for the funds. The problem is my uncle was the beneficary and he all ready cashed out the IRA, so we dont have any funds.
Is there a statue of limitations for her claiming the IRA after 8 years divorced. Also, in the divorce it did not give her any surviorship rights to the IRA.
I can really use some guidance.
1 Answer from Attorneys
Frankly, there may be some claim against the lawyer representing your mother for not properly preparing the documentation that would have avoided all of this -- although, if your mother knew that things had not been finalized, then she would bear some responsibility as well. The IRA is dispursed outside the estate and I don't see a way to force the uncle to give up the money.
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