Fairfield, CA asked in Divorce, Family Law, Estate Planning and Probate for California

Q: In CA. My husband/his ex never filed a QDRO. He died. What do I need to do to get CalPERS to pay me his pension?

He caught Covid in the line of duty. I had POA for CalPERS. I'm his beneficiary. I got the QDRO drafted but it wasn't ready until a month after he died so he couldn't sign it. How do I get an order from court that doesn't require his signature so CalPERS will release the lien on his pension account? I've been trying to get an answer since August.

2 Lawyer Answers
Tobie Brina Waxman
Tobie Brina Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: You probably don't have standing to act on his behalf in family court. That being said, there's definitely something that can be done. When someone dies, the successor in interest (probably you) can be joined into the divorce case to sign documents, including a QDRO. That's what needs to be done. I recommend you retain an attorney or maybe contact the attorney who represented your husband in the divorce to file the necessary paperwork.

Steven Lance Bynum
Steven Lance Bynum
Answered
  • Bakersfield, CA
  • Licensed in California

A: You need to file the order nunct pro tunct. A QDRO attorney can assist you with this. CalPERS will still need to be properly joined into the matter. In what County do you reside?

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