My step mother filed for divorce in 2010 in California. An ATROS was placed on all assets. She placed a joinder on my father's 401k, but my ...

Question

My step mother filed for divorce in 2010 in California. An ATROS was placed on all assets. She placed a joinder on my father's 401k, but my father didn't think it was necessary to place a joinder on her 401k. My stepmom was receiving alimony. My father continued to work to provide medical insurance to her as shortly after she moved out she was diagnosed with pancreatic cancer. In December 2012, unbeknownst to my father, she violated the ATROS and cashed in an IRA and also transferred her 401k and converted it to an IRA. Her best friend's husband was the financial advisor. The paperwork was filled out stating she was divorced and single and the transfer went through. She named her brother and boyfriend as co-beneficiaries. She passed away in July of 2013 and within 2 weeks the beneficiaries each received their inheritance. Through much investigation my father was able to ascertain information related to this transfer but it was too late. His probate attorney sent a letter to the bank's vice president and it was forwarded to the banks attorney. The attorney for the bank determined that the paper work filed was sufficient for the transfer and said they are not responsible for the actions of their employees. This is a large sum of money and my father says he doesn't want to fight it because of the expense and he just wants closure. Any advise you can give would be greatly appreciated. The releasing nor receiving financial institutions did not ask for proof of this divorce (obviously the best friend's husband has violated his ethical responsibility and possibly some laws along the way) and accepted a 2010 tax return that she had indicated her filing status as "single" as sufficient proof. My father is clearly listed as "spouse" on her death certificate.

Answer

This can best be dealt with in the civil courts. You ought to put the question to a civil litigation attorney.

Answer

Actually, this is a family law question that divorce attorneys handle. Family law is the branch of civil law that this should be in.