Minneapolis, MN asked in Divorce, Family Law and Probate for Florida

Q: Clarification Needed on Pension Judgment and Estate

I successfully obtained a court judgment that entitles me to receive a specific portion of my ex-husband's pension. However, he recently passed away before I was able to collect the full amount awarded to me.

Given this situation, I would like to know if it is possible for me to pursue legal action against his estate to retrieve the remaining portion of my pension entitlement.

Thank you for your assistance!

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1 Lawyer Answer

A: You will likely need to file a claim against your ex-husband's estate in probate court to collect the remaining pension benefits. You can do this by contacting the Probate Court, submitting a claim within the statutory period allowed for creditors after the estate is opened, and providing documentation of the court judgment that entitles you to a portion of the pension. If you haven't already done so, notify the pension plan administrator of your ex-husband's death and your entitlement under the court judgment and/or QDRO. Examine the terms of the pension plan to understand the specifics about the survivorship benefits, if any. Some pensions have provisions that allow benefits to continue to a beneficiary or alternate payee even after the participant's death. Speak with an attorney experienced in family law and probate matters to help ensure you follow the correct legal procedures and maximize your chances of recovering the remaining pension benefits. Good luck!

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