Legal Question in Family Law in Utah
My parents were divorced December 27, 1999. My mother died feb 10, 2000. She was awarded a percentage of his pention & a certain amount of money which he never paid or settled.
Do the children of the marriage have a right to the funds, now that our father is retiring? Is it too late? How do we (children of the narriage) acquire the funds legally, if we or our children are so entitled?
1 Answer from Attorneys
Your mother's estate (i.e., her heirs) is entitled to recover her share of your father's retirement and any monies that were awarded to her in the divorce. If he is not willing to voluntarily cooperate, then the children and/or the personal representative of your mother's estate would need to take the matter to court. You should consult with your mother's divorce attorney to see if a Qualified Domestic Relations Order (QDRO) was ever entered by the court in the divorce action. It is a court order directed to the administrator of the pension or retirement fund to disburse the proceeds awarded to your mother in the divorce. That court order would require those funds to be disbursed to her heirs if she is deceased. I would be happy to meet with you to discuss the situation further. I provide a free initial consultation. My number is (801) 274-3100.
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