Court Ordered Pension / death of spouse

[nolajm]

What is the name of your state? Ca
My mother & step-father were married for 10 years. My sister & I were minors living with them at the time. In the divorce papers it states my step-father must pay my mother 1/2 of his pension/retirement pay and would be awarded as her sole and separate property.
Under Reseases, waivers and successors it states: Except as otherwise proveded herin, each of us waives any and all right to inherit the estate of the other at his or her death, or to take property from the other by devise or bequest. The agreement shall inure to the benefit of and be binding on each of us and our respective heirs, personal representatives, assigns and other successors in interest.

Our mother passed away in 2004. Our step-father had his pension checks stopped and now has his full pension. Wouldn't my sister and I be entitled to our mother's half?

[Shay-Pari'e]

What makes you think you are entitled to anything from someone who is not even your parent? How old are you?

The answer is NO.

[Silverplum]

Originally Posted by nolajm

What is the name of your state? Ca
My mother & step-father were married for 10 years. My sister & I were minors living with them at the time. In the divorce papers it states my step-father must pay my mother 1/2 of his pension/retirement pay and would be awarded as her sole and separate property.
Under Reseases, waivers and successors it states: Except as otherwise proveded herin, each of us waives any and all right to inherit the estate of the other at his or her death, or to take property from the other by devise or bequest. The agreement shall inure to the benefit of and be binding on each of us and our respective heirs, personal representatives, assigns and other successors in interest.

Our mother passed away in 2004. Our step-father had his pension checks stopped and now has his full pension. Wouldn't my sister and I be entitled to our mother's half?

Yes, you are confused.

[nolajm]

Well, our (my sister & I) mainly looking at the part that states the monies our mother received is considered her sole property and my step-father agreed to waive rights to inheret her property after her death.

[nolajm]

My sister & I lived with this man for 10 years of our lives. We considered him as our father as our biological father was not in the picture. My sister and I are in our mid-late 30's.

[ceara19]

Originally Posted by nolajm

Well, our (my sister & I) mainly looking at the part that states the monies our mother received is considered her sole property and my step-father agreed to waive rights to inheret her property after her death.

And any money that she received from the step father BEFORE she died is her sole property and he has no right to take that money back. But he is not obligated to continue paying.

[Silverplum]

Originally Posted by nolajm

My sister & I lived with this man for 10 years of our lives. We considered him as our father as our biological father was not in the picture. My sister and I are in our mid-late 30's.

Legally speaking, the guy is of no relation to you or your sister. He has no legal obligation to you.

[Bali Hai]

Originally Posted by Silverplum

Legally speaking, the guy is of no relation to you or your sister. He has no legal obligation to you.

HOWEVER, this step-father was what the two of these gold diggers have ever known as a father.

Don't be so sure that the court will share your view.

[BelizeBreeze]

Any contract between the parties died with mom. The only way this contract could have survived the death was if the debt belonged to mom. Then it would become a debt of the estate.

[ceara19]

Originally Posted by Bali Hai

HOWEVER, this step-father was what the two of these gold diggers have ever known as a father.

Don't be so sure that the court will share your view.

The "girls" are in their late 30's! They are little to old for child support.

[Fxston]

whether this was the type of pension where death-survivor benefits were available in the first place.

The other posters are wrong in that if the pension was divided (just like any other property) and was awarded to your mother as her separate property in the divorce, that's that.

You need to talk with the pension/plan administrator and/or a local estate-probate attorney to look into the matter for you.

[Bali Hai]

Originally Posted by ceara19

The "girls" are in their late 30's! They are little to old for child support.

I agree. My ex-wife was a little too old for support also. But the judge didn't see it that way.

[nextwife]

Originally Posted by Fxston

whether this was the type of pension where death-survivor benefits were available in the first place.

The other posters are wrong in that if the pension was divided (just like any other property) and was awarded to your mother as her separate property in the divorce, that's that.

You need to talk with the pension/plan administrator and/or a local estate-probate attorney to look into the matter for you.

Do we actually know that Mom DIDN'T already get her QDRO?

Also, likely the CO applies not to half of any and all pension Stepdad ever earned (after all, his current wife is entitled to her marital share of what accrued during that marriage) but what accrued DURING the marriage.