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MAY v. MAY EX REL. MAY

No. A05-1157.

713 N.W.2d 910 (2006)

In re the Marriage of Loydene J. MAY, petitioner, Appellant, v. Richard John MAY (deceased), by Kathryn J. MAY, Surviving Spouse of Richard John May, Respondent.

Court of Appeals of Minnesota.

May 16, 2006.

Attorney(s) appearing for the Case

Andrew D. Hultgren, Neils, Franz & Chirhart, P.A., St. Cloud, MN, for appellant.

Michael F. Williams, Princeton, MN, for respondent.

Considered and decided by DIETZEN, Presiding Judge; WRIGHT, Judge; and WORKE, Judge.

OPINION

WRIGHT, Judge.

During the marriage of Richard and Loydene May, Loydene May accrued retirement benefits. Although her retirement benefits did not include a 401(k) account, the stipulated judgment dissolving the marriage awarded Richard May half of Loydene May's "401k," pursuant to a qualified domestic relations order (QDRO). Shortly after the dissolution, Richard May remarried. Less than a year after the dissolution, when Richard May died, a QDRO...

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