countrygirl1971
Junior Member
What is the name of your state (only U.S. law)? Maryland and Kentucky - Probate and Estate are located in Maryland. Divorce decree and surviving children are in Kentucky's jurisdiction.
The father of my children, 1 adult (disabled) and 1 minor, passed away in May from a massive heart attack. He was 47 years old and a resident of Maryland. According to our divorce decree from 2005, he was required to maintain a life insurance policy. This policy was cancelled on 3/2014, therefore null and void at the time of his passing. Other things were also ordered, such as division of his 401k and pension. A QDRO was written in our divorce for the pension account, but not the 401K.
After his passing, I consulted with a few attorneys regarding the order from my decree. It was advised that I put a claim in against his estate, essentially making myself a creditor. I was told that his estate could be held liable for "contempt" since he failed to maintain the order. Even if that claim failed to produce, my children would also have a claim under intestate succession.
It took me 2 months to come up with the retainer requested by an attorney to go forward with the claim against the estate. I paid the fees 4 months ago. In addition, she was going to have a QDRO completed regarding the division of the 401K proceeds. I was able to make the claim for the pension account using the QDRO already in our decree.
I have contacted this Attorney several times, even visiting her office and speaking with her on 3 occasions. I was told, it was being worked on. The attorney had a personal situation occur and she lost her child due to spinal bifida mid-November (It's a small town, it was a heartbreaking situation) When I learned of this, I contacted her office. Her secretary/assistant confirmed that she was out, but would be returning the following week. I went over my concerns with her assistant, told her that I hadn't heard anything (understanding, not fussing) but did express concerns that the 180 day mark was approaching that a claim would have to be filed. She assured me that it would be taken care of.
Again, I hadn't heard any update. I sent an email last week asking for an update and reiterating the 180 mark. I did not receive a response. I went to the office this morning, again seeing the assistant. I asked the status. Again, I was told it "was being worked on" I asked if anything had been filed, she stated that she was not aware and that she still did not have the verbiage needed for the QDRO (company is Canada based) I told her that I wasn't as concerned about the QDRO as I was about the filing of the estate claim. She told me that they were being worked on together, but she wasn't aware that anything had been filed. I just counted, we are now past the 180 mark. The attorney is in court, but the assistant said she would have her contact me today.
My question is, by all indications from this assistant nothing has been filed against his estate. My understanding that Maryland only allows claims to be made within the 180 time frame. If this attorney dropped the ball & didn't file a claim, where would that leave me?
The father of my children, 1 adult (disabled) and 1 minor, passed away in May from a massive heart attack. He was 47 years old and a resident of Maryland. According to our divorce decree from 2005, he was required to maintain a life insurance policy. This policy was cancelled on 3/2014, therefore null and void at the time of his passing. Other things were also ordered, such as division of his 401k and pension. A QDRO was written in our divorce for the pension account, but not the 401K.
After his passing, I consulted with a few attorneys regarding the order from my decree. It was advised that I put a claim in against his estate, essentially making myself a creditor. I was told that his estate could be held liable for "contempt" since he failed to maintain the order. Even if that claim failed to produce, my children would also have a claim under intestate succession.
It took me 2 months to come up with the retainer requested by an attorney to go forward with the claim against the estate. I paid the fees 4 months ago. In addition, she was going to have a QDRO completed regarding the division of the 401K proceeds. I was able to make the claim for the pension account using the QDRO already in our decree.
I have contacted this Attorney several times, even visiting her office and speaking with her on 3 occasions. I was told, it was being worked on. The attorney had a personal situation occur and she lost her child due to spinal bifida mid-November (It's a small town, it was a heartbreaking situation) When I learned of this, I contacted her office. Her secretary/assistant confirmed that she was out, but would be returning the following week. I went over my concerns with her assistant, told her that I hadn't heard anything (understanding, not fussing) but did express concerns that the 180 day mark was approaching that a claim would have to be filed. She assured me that it would be taken care of.
Again, I hadn't heard any update. I sent an email last week asking for an update and reiterating the 180 mark. I did not receive a response. I went to the office this morning, again seeing the assistant. I asked the status. Again, I was told it "was being worked on" I asked if anything had been filed, she stated that she was not aware and that she still did not have the verbiage needed for the QDRO (company is Canada based) I told her that I wasn't as concerned about the QDRO as I was about the filing of the estate claim. She told me that they were being worked on together, but she wasn't aware that anything had been filed. I just counted, we are now past the 180 mark. The attorney is in court, but the assistant said she would have her contact me today.
My question is, by all indications from this assistant nothing has been filed against his estate. My understanding that Maryland only allows claims to be made within the 180 time frame. If this attorney dropped the ball & didn't file a claim, where would that leave me?