Mom's payments delayed can she sue the estate?

[emsbabydoll]

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?

Cash transfers of bank / credit union balances: $1,008.64



Returned check (past due rent, etc. Spearman House) $2,000.00



DPS Retirement Payments (Jul 2015 – Jul 2016) $6,640.27



USAF Retirement Payments (Jul 2015 – Sep 2016) $10,684.52

 

[Zigner]

Cash transfers of bank / credit union balances: $1,008.64



Returned check (past due rent, etc. Spearman House) $2,000.00



DPS Retirement Payments (Jul 2015 – Jul 2016) $6,640.27



USAF Retirement Payments (Jul 2015 – Sep 2016) $10,684.52

So, one fee in the amount of, what, $35 + $35 ($70 total) or so?
Beyond that, the retirement funds should be distributed per the QDRO. She would need to pursue that.

 

[LdiJ]

Cash transfers of bank / credit union balances: $1,008.64



Returned check (past due rent, etc. Spearman House) $2,000.00



DPS Retirement Payments (Jul 2015 – Jul 2016) $6,640.27



USAF Retirement Payments (Jul 2015 – Sep 2016) $10,684.52

You did state that your father took his full pension amount (knowing that the judge had ordered it split) until the QDRO went fully through. Therefore there is at least an argument to be made that his estate is responsible for her share as a debt of the estate.

I realize that your dad did that because your mom was fully using that particular pension during the period of time it took for the divorce to go through and be finalized, but that doesn't change the fact that it can be argued that your father was legally required to pay her, her share of the pension until the QDRO was formally done so that she could be paid directly.

Clearly you and your sister have opposing viewpoints as to whether or not your mother is entitled to that money...and to me, both of your viewpoints have some merit.

 

[zddoodah]

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.

Depends on what the order for administration says. If you're concerned that she'll just roll over and pay what your mother wants, that's something you should be vocal about in opposing her application for sole administration.