If he's retired, then there is a chance the NCP will get a retirement annuity. Cannot tap into the 401k until 59 1/2 without tax consequences, so that may or may not be happening as well.

When dealing with the Texas AG, I would try to do as much legwork as possible. The attorneys and staff are overworked and will not be able to put the time and energy into your case as you would like. Keep copies of everything you give them. I'd hand deliver what you can to be sure they get it, or send it certified.