Payee’s Estate’s Ability to Make Claims

Payee’s Estate’s Ability to Make Claims
Unless otherwise extinguished by language included in the settlement agreement or the judgment of divorce, unpaid property settlement debts and retirement benefits from defined contribution plans which have not yet been disbursed to the payee at the time of the payee’s death are assets of the payee’s estate and may be collected from the obligor by the personal representative.
The alternate payee’s right to receive the benefits awarded to him or her from a defined contribution plan does not terminate on death. The QDRO for a defined contribution plan should include the paragraph:
If the Alternate Payee dies before all benefits awarded to the Alternate Payee have been paid under this order, the remaining benefits payable to the Alternate Payee will be distributed in a single lump sum, as soon as administratively possible following the Alternate Payee’s death, to the beneficiary or beneficiaries designated by the Alternate Payee in writing to the Plan Administrator. If no written beneficiary designation form has been filed, the benefits will be paid to the estate of the Alternate Payee. WWW.ATTORNEYBANKERT.COM

FLINT BANKRUPTCY LAWYER TALKS TO EMMET COUNTY

IN YOUR FLINT or Emmet DIVORCE most orders and proceeding will continue even if you or your spouse are in bankruptcy. Contact Flint divorce/bankruptcy attorney Terry Bankert if you have questions. The automatic stay that stops collection actions against you , and the phone calls, when you file for bankruptcy will nnot stop in the following . In what are called domestic proceedings the following are continued. A. The setting and collection of current child support and alimony. B. The collection of back child support and alimony from property that is not in the bankruptcy estate. C.The determination of child custody and visitation. D.A lawsuit to establish paternity. E. An action to modify child support and alimony. F.Proceedings to protect a spouse or a child from domestic violence. G.Witholding of income to collect child support. H.reporting of overdue support to credit bureaus. I.The interception of tax refunds to pay back child support. J. Witholding, suspension, or restriction of drivers license and professional license as leverage to collect child support. If you have questions see Http://www.nojokebeingbroke.com or call 235-1970TOPIC BANKRUPTCY:EASTERN DISTRICT OF MICHIGAN BANKRUPTCY COURT. BANKRUPTCY FLINT ,ATTORNEY POSTING BY Flint Bankruptcy Lawyer Terry R. Bankert 810-235-1970.[Comments of Flint Bankruptcy lawyer Terry R. Bankert ,810-235-1970 ,in bracket or CAP headlines. If you have bankruptcy questions call today-810-235-1970 this article presented in a SEO format see, www.nojoketobebroke.com