Mom's payments delayed can she sue the estate?

[emsbabydoll]

What is the name of your state?Texas

My parents were divorced. Mom was awarded part of Dad's pension, but payment to her was delayed for 5 months. She is requesting his estate pay her for those 5 months and all associated expenses. Is she able to demand payment and does it matter who caused the delay (her, dad, or the government)?

My sister and I are the only heirs due to Texas law. This question is about her claims against my portion of the estate.

Thanks!

So what I found last night in the divorce paperwork is that the hearing date was 5/2015 and it wasn't finalized with the attached QDRO until 5/2016. I have the original draft of the "Final Decree" as prepared by her lawyer with my father's notes saying that it was not prepared as per the court order. So it appears this was part of the reason for the delay. Also there is no action date on the QDRO so my understanding is that it becomes active when signed by the judge....? If so she may have missed 3 payments, not a year's worth.

The "rest of the story" is that my sister is demanding sole administration rights and wants to grant the "back pay" to my mother as a debt against the estate. This is not a large estate and her claim will take most of the remaining funds.

I appreciate your responses below!

 

[Zigner]

What is the name of your state?Texas

My parents were divorced about 8 years ago. Mom was awarded part of Dad's pension, but payment to her was delayed for 5 months. She is requesting his estate pay her for those 5 months and all associated expenses. Is she able to demand payment and does it matter who caused the delay (her, dad, or the government)?

Thanks!

Please have mom log on to ask her own questions about her own matter. Alternatively, you may wish to advise your mother to speak to an attorney about her own legal matter.

 

[quincy]

What is the name of your state?Texas

My parents were divorced about 8 years ago. Mom was awarded part of Dad's pension, but payment to her was delayed for 5 months. She is requesting his estate pay her for those 5 months and all associated expenses. Is she able to demand payment and does it matter who caused the delay (her, dad, or the government)?

My sister and I are the only heirs due to Texas law. This question is about her claims against my portion of the estate.

Thanks!

How is your question about your mother’s claim against your portion of the estate?

Other than that question asked only to sate my curiosity, I agree with Zigner. Your mom should speak to an attorney in her area - although I can say with some certainty that, if your mother was the cause of the delay, she cannot expect to be compensated for it.

 

[Zigner]

How is your question about your mother’s claim against your portion of the estate?

That was an edit made after I replied.

If mom is a creditor entitled to any portion of the estate, then that comes BEFORE anything is distributed. What's left over is then distributed. The OP seems to think that she gets "stuff" before the creditors.

 

[quincy]

That was an edit made after I replied.

If mom is a creditor entitled to any portion of the estate, then that comes BEFORE anything is distributed. What's left over is then distributed. The OP seems to think that she gets "stuff" before the creditors.

Ahh. I understand. Thanks.

 

[Taxing Matters]

What is the name of your state?Texas

My parents were divorced about 8 years ago. Mom was awarded part of Dad's pension, but payment to her was delayed for 5 months.

That suggests she did get her share of the pension. That was probably as the result of a qualified domestic relations order (QDRO), right? If so, then her share of the pension was not a part of your father's estate to begin with. She had rights to the pension before he died as a result of the divorce. So I don't see any good claim against the estate for the delay in getting it. Moreover, at best she'd likely only be entitled to interest for that 5 months, and at the very low interest rates now prevailing that's not going to amount to much. Absent something unusual that you left out I'm not seeing anything here that suggests she has a claim to get much out of anyone for a mere 5 month delay, let alone the estate.

 

[adjusterjack]

This question is about her claims against my portion of the estate.

If that's all you are worried about I don't think you need lose any sleep over it.

If this was a government pension and she just started getting payments then I suspect that the delay may have been caused by the same thing that's making this whole country fall apart - Corvid19 - and there won't be anything she can do about it.

 

[LdiJ]

What is the name of your state?Texas

My parents were divorced about 8 years ago. Mom was awarded part of Dad's pension, but payment to her was delayed for 5 months. She is requesting his estate pay her for those 5 months and all associated expenses. Is she able to demand payment and does it matter who caused the delay (her, dad, or the government)?

My sister and I are the only heirs due to Texas law. This question is about her claims against my portion of the estate.

Thanks!

She might possibly have a valid claim against his estate, assuming his estate is not already closed. It really depends on whether or not your father had any part in causing the delay.

 

[emsbabydoll]

She might possibly have a valid claim against his estate, assuming his estate is not already closed. It really depends on whether or not your father had any part in causing the delay.

So what I found last night in the divorce paperwork is that the hearing date was 5/2015 and it wasn't finalized with the attached QDRO until 5/2016. I have the original draft of the "Final Decree" as prepared by her lawyer with my father's notes saying that it was not prepared as per the court order. So it appears this was part of the reason for the delay. Also there is no action date on the QDRO so my understanding is that it becomes active when signed by the judge....? If so she may have missed 3 payments, not a year's worth.

The "rest of the story" is that my sister is demanding sole administration rights and wants to grant the "back pay" to my mother as a debt against the estate. This is not a large estate and her claim will take most of the remaining funds.

 

[emsbabydoll]

That suggests she did get her share of the pension. That was probably as the result of a qualified domestic relations order (QDRO), right? If so, then her share of the pension was not a part of your father's estate to begin with. She had rights to the pension before he died as a result of the divorce. So I don't see any good claim against the estate for the delay in getting it. Moreover, at best she'd likely only be entitled to interest for that 5 months, and at the very low interest rates now prevailing that's not going to amount to much. Absent something unusual that you left out I'm not seeing anything here that suggests she has a claim to get much out of anyone for a mere 5 month delay, let alone the estate.

She did receive her share after the QDRO was signed. She is claiming she is owed from the hearing date until finalizing the divorce and the administration of the QDRO. I have paperwork showing part of the delay in finalizing was due to her lawyer preparing the final document in a way that did not align with the court's decisions.

 

[zddoodah]

She is requesting his estate pay her for those 5 months and all associated expenses.

Why? What expenses? When did your father die, and does his death have anything to do with the delay in payments?

Is she able to demand payment

Well...you told us that she requested payment, so there's certainly no reason to think that she lacks the ability to demand payment.

does it matter who caused the delay (her, dad, or the government)?

Yes. Why would "the government" (which one?) have anything to do with this? Was your father a government employee?

My sister and I are the only heirs due to Texas law. This question is about her claims against my portion of the estate.

Why would she make a claim against only your portion of the estate?

what I found last night in the divorce paperwork is that the hearing date was 5/2015 and it wasn't finalized with the attached QDRO until 5/2016.

Then why did you tell us in the first line of your post that they "were divorced about 8 years ago"?

The bottom line is that no one will be able to make sense of all this without reviewing all of the relevant documents.

 

[emsbabydoll]

Why? What expenses? When did your father die, and does his death have anything to do with the delay in payments?




Well...you told us that she requested payment, so there's certainly no reason to think that she lacks the ability to demand payment.




Yes. Why would "the government" (which one?) have anything to do with this? Was your father a government employee?




Why would she make a claim against only your portion of the estate?




Then why did you tell us in the first line of your post that they "were divorced about 8 years ago"?

The bottom line is that no one will be able to make sense of all this without reviewing all of the relevant documents.

She is claiming expenses for bounced checks during the time between the divorce hearing and the finalization which included the QDRO. The QDRO does not have any date as a "start date" for payments.
The question about demanding was if she has legal grounds to sue the estate. I apologize for my inexactness.
My father had 2 pensions one from the USAF and one from the State of Texas. In my reading it is the pension plan that is responsible for delays in payment of pension share to the ex-spouse.
It's not against my portion strictly, but against both my sister's and mine.
I mentioned 8 years ago because I was estimating before I had the actual paperwork in hand. The divorce was actually started that long ago and the back and forth between them took forever. She was getting his full pension and social security during that time and was trying to delay it as long as possible. (He was never reimbursed for his half that she used while they were separated and in the process of divorce which is partly why this is making me upset.) Even the final paperwork was delayed by her attorney. (I will say that once he had the court hearing my father did divert his pension to his account and began using the full amount until the QDRO was filed and her payments began.)

 

[zddoodah]

Bounced checks are her own fault. She knew or should have known at the time she wrote the checks whether or not she had money in the account to cover them.

The substance of what you seem to be saying is that your father had no role in any delay and that any delay was completely attributable to the pension administrator(s). If that's correct, then there should be no valid basis to sue the estate. Of course, that doesn't mean she won't actually sue, in which case, the executor appointed by the court would need to retain legal counsel to defend against the suit.

 

[emsbabydoll]

Bounced checks are her own fault. She knew or should have known at the time she wrote the checks whether or not she had money in the account to cover them.

The substance of what you seem to be saying is that your father had no role in any delay and that any delay was completely attributable to the pension administrator(s). If that's correct, then there should be no valid basis to sue the estate. Of course, that doesn't mean she won't actually sue, in which case, the executor appointed by the court would need to retain legal counsel to defend against the suit.

Now for the next question...if my sister is given rights as sole administrator and my mom does sue does my sister have to fight it or can she just settle. My sister is pushing for sole administration and I am very reluctant to give it as she is supporting my mom's claims to the estate.

 

[Zigner]

Now for the next question...if my sister is given rights as sole administrator and my mom does sue does my sister have to fight it or can she just settle. My sister is pushing for sole administration and I am very reluctant to give it as she is supporting my mom's claims to the estate.

It sounds like your mom is entitled to the money as ordered in the QDRO, but not the extra stuff...it's your mom's poor financial sense that incurred those fees. But, how much are we talking for those fees? A few hundred dollars tops?