can a probate inheiritance be siezed to settle a tax lein?
basically I have a $15,000 tax lein from the state of california. My brother passed away intestate (without a will). The administrator concurrs that I am the sole heir. My brother did, however, name me as the beneficiary of his CalPers retirement fund. The value of the retirement distribution will be approximately $45,000. Can the state attach the distribution prior to the probate administrator actually distributing it to me?
Public Comments
- Probably. A state retirement for a state debt would be easy for California to attach. But, who knows. Government is inefficient and you may get lucky. Really though, this debt isn't going away, you might as well pay it while you have the cash. Or just keep gifting them 20-25% interest a year.
- Of course. So when you arrange to take the money, you need to have sufficient taxes withheld that you won't owe at the end of the year. As a pension, this is fully taxable to you.
