Orange, CA
Employee benefits Lawyer at Orange, CA
Practice Areas: Employee Benefits, Employment & Labor, Litigation
ERISA provides that your brother's surviving spouse is his beneficiary under the 401(k) plan. If he has no spouse, the beneficiary is whomever he...
See my answer above. An order to do a QDRO is enforcable, but the plan will not give you the benefit without a QDRO. Get a lawyer to do the QDRO.
The Court usually retains jurisdiction over retirement benefits. Call the company that sponsors the 401(k) plan and tell them you have a QDRO with...
You have asked two questions. The amount you pay for insurance premiums which was not taken out of your pay will depend upon whether you were...
This is not complicated at all. As is required under ERISA, the plan provides that the beneficiary of your father is his surviving spouse. If...
There is no specific time for the plan to distribute the money. They have a "reasonable" period to comply with the QDRO. The best results are...
You can refuse the benefit and not be taxed on it. If you accept it, you either have to pay tax on it or get a survivor IRA. Tranferring the...
A QDRO is a legally described document usually prepare by an attorney. First make sure you have a QDRO (this is not the same as a property...
Once you are named as the beneficiary, you stay the beneficiary unless or until your brother names someone else. You did well to notify the plan...
While assets acquired prior to marriage are separate property unless you commingle the assets with community assets or gift the benefit, federal...
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