Erisa Prenup Dispute Resolution

Summary

If you are facing delays in an ERISA-qualified account dispute due to a contested prenup, you may consider filing a Motion for Summary Judgment or requesting Discovery. Consulting an ERISA attorney for personalized advice is also recommended. The duration for a summary judgment in California can vary from several weeks to a few months, depending on the courts schedule and case complexity.

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My husband passed away, I inherited his ERISA qualified defund contribution 501k, there was a premarital agreement, but for a ERISA quailing account a prenup is not a substitute for a spousal waiver. The administrator of the estate served me with * petition and I objected. The prenup she brought up in court I believe is not enforceable because I was given it and asked to sighn it and not Druze it all on. Same day . No chance to seek legal advice. We went to court the objection was accepted, but petitioner was ask 2x now to enter prenup but she has not . What can I do to speed up this process next court date final account of the estate
Hello **** ****, I understand your situation. To help further, could you please inform me of your location? Legal procedures can vary based on jurisdiction.
What are my options? Summary judgment perhaps
Hello ****, based on your situation and location, you may consider the following options:
- File a Motion for Summary Judgment if you believe there's no genuine dispute as to any material fact.
- Request for Discovery to obtain evidence supporting your claim.
- Consult a local ERISA attorney for personalized advice.
Remember, these options depend on your jurisdiction's specific laws and regulations.
My jurisdiction is: superior court of California, county of kern metropolitan division
Hello ****, based on your jurisdiction, you might consider the following:
- File a Motion for Summary Judgment: If there is no genuine dispute about any material fact.
- Request for Discovery: Gather evidence supporting your claim.
- Consult an ERISA attorney: For personalized advice.
These options depend on the specific laws and regulations of the Superior Court of California, County of Kern Metropolitan Division.
How long does a summary judgment take
The duration for a summary judgment can vary widely. It depends on factors like the court's schedule, complexity of the case, and jurisdiction rules. In California, it may take several weeks to a few months.
Average length
The average length for a summary judgment in California varies, but it typically ranges from several weeks to a few months. This depends on factors like court's schedule and complexity of the case.