Your divorce settlement and state law will determine where the money goes.
Q. I have a question on Qualified Domestic Relations Orders . I’m divorced and ordered to get half my ex’s IRA, Roth IRA and 401, but there was no QDRO drafted. My ex-husband died before any distribution was made to me and I was left as his sole beneficiary. He never remarried and we have three minor children. In his will, I was the only beneficiary. Can I still get a QDRO, or what happens to these accounts?There are several parts to you question, so let’s break it down one at a time.
He said it is not closed indefinitely, as any issue that arises out of the terms of the judgment of divorce, especially enforcement of the terms of any marital settlement agreement, may be subject to post-judgment litigation. The law of intestate succession in New Jersey say that if you die leaving a spouse, a registered domestic partner or civil union partner and children who are also the children of the spouse or legal partner, the spouse/legal partner receives 100% of the estate and no bond is required to be posted, he said.
If you die leaving a spouse, registered domestic partner or civil union partner, and no children, but are survived by a parent, the spouse receives the first 25% — but not less than $50,000, nor more than $200,000 — plus three-quarters of the balance. Surviving parent receive all other assets of the estate, Weinstein said.He said if you die leaving a child or children but no spouse, registered domestic partner, or civil union partner, the children will take equally.
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