What is the name of your state? GA My father died without a will. He cashed in his 401K in 2002 because of med bills from term illness. Fed Inc tax bill is around $60K; there was only around $50K left in a joint account when he passed. Were advised to file tax married/separate and mother would not be responsible for tax debt. Is this true and what is subject to seizure by IRS to pay this debt? Will she be able to keep the life ins $ she received? What is the consequence of not going through probate?