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Retirement fund after his passing

#1
I had a court ordered payment of one of his retirement accounts
we called and tracked down the account
I was told they would send me my options
I called a month later and fidelity said they would not pay it out
I have a court order and all the necessary document
He passed in 2015
this was supposed to be paid out at his retirement
some say I need a Qudro but I cant get one because he is dead
What actions can I take to get what is rightfully mine?
Fidelity made the decision not to pay after all of the hoops they asked me to go thru and paperwork to produce
 

HRZ

Senior Member
#2
Absent that QDRO being properly created and delivered to the plan administrator I think you are up the creek..the plan administrator is /was required to follow the plan and the participants benificary designation ....and it is probably way too late to file a claim against his estate .

IF for some strange reason the funds are still in the account ..the order you have might meet the necessary requirements. IF you serve it upon administrator ...but I highly doubt funds are there or divorce order by itself is adaquate .
 

stealth2

Senior Member
#3
You could speak with an attorney and see if there is anything to be done. Why wasn't the QDRO done at the time of the divorce?
 
#4
It wasnt to be paid until his retirement and The Lawyer never said anything about a QDRO
The money is in the account Fidelity told us so
why I am posting here is to see IF an attorney could do anything for me
I am the beneficiary on the account too
Fidelity was very cooperative at first and them decided to not pay
 
#6
IF you are a named beneficiary I don't see the problem to collect via that route unless you are named as wife . And it's possible you are entitled to the whole account if you are the only named benificiary ..not just the amount that would have been due via had a QDRO been in place.


There is something missing...and it makes sense for Fidelity to do nothing until the smoke clears

ITs possible but odd that retirement was not separated earlier
 
#7
And it's possible you are entitled to the whole account if you are the only named benificiary ..not just the amount that would have been due via had a QDRO been in place.
I suspect not - the account would most likely still be split as directed in the divorce, with OP getting whatever portion she was entitled to, and the rest to his ex's estate.
 
#8
I suspect there is a equally good case that the plan pays out as directed in the plan agreement ...apparently no QDRO was ever served upon the plan administrator. There are some other possibilities ..such as deceased named his "wife " not the OP by name and or the provided for nominal survivor benefits .....and it sure would help if OP got a hard copy of the plan agrement and designations .