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My ex husband is dying, I have not recieved my share of the 401 K I was ordered to get in are divorce it was in 2000 what to do?

Laplata, MD |

We were married for 10 yrs.We had two children together. And he is married now about 6yrs or so. I would like to know is there any way I can get that money. Or should I just forget it? I would'nt be asking but I sure could use the money now. My children and I did with out. I never had much during our marriage. I beleive I deserve to have my share. It was ordered by the courts of charles co. He took the money out and put it in another account at a different job. A judge knows I didnt get it when I went back in 2007 for custody battle. It was brought up and she said you better tell her where it is and I better not see you two back in here about it. He turned and said you will get it when I die. I feel I deserve it raising our kids for 12 yrs on 166. every 2 wks.Is it to late?

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Attorney answers 2


It is legally yours. You need to hire an attorney to take care of this NOW so you do not have to deal with his executor in the estate. Move quickly to hire an attorney with expertise in this area. It should not be hard to present a certified copy of the to whoever handles the 401K and then you can setup your own IRA/401K account to roll the funds into to avoid tax penalties. Again act now.

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You need to speak with a local attorney promptly about your question. It appears from your description that the Court awarded a portion of a retirement account to you. Then your ex-husband withdrew the funds and rolled them over into a different retirement account. There is a legal principle called constructive trust that may preserve your right to your share in the retirement funds even after your ex-husband moved them. There may be other legal theories that apply. It would be much easier to address these matters in the divorce action while your ex-husband is still living. it is also important to find out where he moved the funds so you can give notice to the plan administrator of competing claims to the funds. They may otherwise be distributed to beneficiaries, making it very hard to recover.

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