What is the name of your state? Texas
I have a few questions:
1) In texas, if the value of the probate estate is 50k or less, there might be qualification for small estates procedures. Does the probate estate asset threshold include retirment plans (i.e. 401K)?
2) My father stopped paying taxes in 1988 and has enormous debt. I was thinking of an order of no administration to give my mother an allowance of one years sustenance (she is caring for 4 small children left by a foster daughter that died of leukemia). Under this clause is the IRS considered as any other creditor ? Per what I read in the law a PR or Probate Judge can make that determination regarding the amount of the allowance. What is the calculation based on?
3) My father withdrew part of his pension about 40K without my mothers permission in 1993 ( he may have forged her signature on a spousal consent form) . I have followed the paper trail and he deposited the funds in an account set up by his sister in her name in PA (i found a letter signed in her hand writing indicating that the sister considers this to be my fathers account) Does my mother have any recourse to get the funds back? What if the sister spent his assets?
4) Are 401K's and Life Insurance Policies subject to IRS Back taxes claims.