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Must be something to rectify this

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traingirl51

Junior Member
What is the name of your state (only U.S. law)? MA I was married in Aug 1994, divorce final in July 2004. I paid $5000 for a lawyer and my husband didn't have one. It was an agreement between us and wasn't complicated.

We had our first child in 1991, bought a home in 1993, and our second child in 1996.

Now it seems that because of the 10 year rule (which was weeks away), I will not be able to receive his pension from the railroad and when the time comes all I have is my own SS. The railroad board even asked me if i had council when I called them.

I wrote a letter to my attorney to see if there was anything he could do, it has been 2 weeks, no reply yet...

Is this legal malpractice? Is there anything he or I can do? He was at least 75 when he represented me. He never told me about this 10 year rule and if we had waited to go to court just a few weeks, I wouldn't be asking these questions!!!!! Help, what can I do?

Thanks traingirl
 


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Proserpina

Senior Member
traingirl51 said:
What is the name of your state (only U.S. law)? MA I was married in Aug 1994, divorce final in July 2004. I paid $5000 for a lawyer and my husband didn't have one. It was an agreement between us and wasn't complicated.

We had our first child in 1991, bought a home in 1993, and our second child in 1996.

Now it seems that because of the 10 year rule (which was weeks away), I will not be able to receive his pension from the railroad and when the time comes all I have is my own SS. The railroad board even asked me if i had council when I called them.

I wrote a letter to my attorney to see if there was anything he could do, it has been 2 weeks, no reply yet...

Is this legal malpractice? Is there anything he or I can do? He was at least 75 when he represented me. He never told me about this 10 year rule and if we had waited to go to court just a few weeks, I wouldn't be asking these questions!!!!! Help, what can I do?

Thanks traingirl
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So what did your decree actually say about the pension?

(and in the meantime read through the information here:


http://www.pensionrights.org/policy/legislation/ppa_2006/railroad_retirement_system.html )

And here:

http://www.rrb.gov/general/handbook/chapter1.asp
 
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traingirl51

Junior Member
thanks

There is no mention of his pension but his QAUDRO says he will give me 40%. But that I beleive is null and void because he passed away a few years ago.Now what? Help!!!! Thank you
 
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traingirl51

Junior Member
thank you

I did just read the links you sent me...thank you. We are getting annuities for being survivors but it is only until the children reach age 18. One just did, so I lost $14,000. My benefit will end in 2 years when my son reaches age 16, but he will still get his to age 18. It has something to do with the family group.

Yes, I just went over my whole divorce decree. It says nothing about pension. Now he is gone....I'm in big trouble...Can you help me and figure out some options???? thank you D
 
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traingirl51

Junior Member
hi

It says the husband shall sign over to the wife by way of a Qualified domestic relations order forty 40% of his retirement plan that he has with the Amtrak Railroad company. The parties shall submit the QUADRO to the husbands employer for approval and upon approval by his employer shall submit the same to the court for the courts approval. the fully approved order shall then be served upon the husbands employer,


That is all it said. I never got anything saying it was approved, I have nothing!

When I called the railroad they said that since he is deceased it didn't matter anyway. Now i am really confused, did the lawyer not follow through with this??
 
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traingirl51

Junior Member
What?

I would think lawyers would know about the 10 year rule. Hes the one who said he had time to go to court that day! So, do you know if i can fix this? By the sounds of it does it seem like I would get the pension because of what is written about the QUADRO? thanks
 
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mistoffolees

Senior Member
traingirl51 said:
It says the husband shall sign over to the wife by way of a Qualified domestic relations order forty 40% of his retirement plan that he has with the Amtrak Railroad company. The parties shall submit the QUADRO to the husbands employer for approval and upon approval by his employer shall submit the same to the court for the courts approval. the fully approved order shall then be served upon the husbands employer,


That is all it said. I never got anything saying it was approved, I have nothing!

When I called the railroad they said that since he is deceased it didn't matter anyway. Now i am really confused, did the lawyer not follow through with this??
Click to expand...
I don't have any way of knowing if the attorney followed through. Ask him. Or contact the court to see if the document was ever filed. Once you know if the document was ever prepared and/or submitted to his attorney, you'll have a better idea of the status.

It's not clear why the attorney would be liable. You and your ex were supposed to prepare a QDRO and submit it to his employer. Unless you specifically asked your attorney to do so, he probably isn't liable. Why in the world didn't you act sooner?

DO NOT LEAVE LOOSE ENDS IN A DIVORCE.

There is also the issue of what '40% of the husband's retirement' means. Without clarification, it could mean that you get 40% of any retirement moneys that were to be paid out to him. Since he died before collecting, you get 40% of zero.

If, OTOH, you had prepared the QDRO, the answer could be different.

I would call your attorney (don't just email) to ask what that status is and what your options are.
 
P

Proserpina

Senior Member
traingirl51 said:
I would think lawyers would know about the 10 year rule. Hes the one who said he had time to go to court that day! So, do you know if i can fix this? By the sounds of it does it seem like I would get the pension because of what is written about the QUADRO? thanks
Click to expand...
In all fairness it wasn't up to him to control the timing of your divorce - that was entirely up to you and your ex. Though I see where you're coming from, it still wasn't the attorney's obligation to question your timing, really, or even provide reasons why it may or may not have been better to wait awhile.
 
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traingirl51

Junior Member
what?

An attorney is supposed to represent your interest...incompetent I guess....thanks though for advice guess I'm screwed
 
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traingirl51

Junior Member
Yes

I asked him several times about the Quadro and he said he sent it to the railroad but hadn't heard a reply......He instructed us to do anything......now my husband is gone......and so isn't any retirement for me...just a few weeks away...when we were together for 14 years WOW
 
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