California: My mother and father were married for 24 years. They filed for separation in June 2008 and were legally divorced in Feb 2011. Ho...

Question

California: My mother and father were married for 24 years. They filed for separation in June 2008 and were legally divorced in Feb 2011. However, my father died in Oct 2011 without signing a QDRO. My dad was to received 50% of my mom's retirement. In return, my mom was supposed to receive 50% of my dad's pension (she collected 4 months worth) until he passed away. He hadn't received any of hers.

Can my mom legally ask for all her retirement back and keep 4 months worth of my dad's pension even if a QDRO was not signed?

Also, I thought I could represent my dad and continue with the legal process and whatever would have bee rewarded would go to his heirs. My mom is disputing that and believes I cannot act on behalf on his behalf. Can I still act on his behalf?

Answer

His estate (and heirs who can stand in his place in Court) is entitled to whatever he was awarded in Court, regardless of whether the paperwork has been completed.