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Level 5
April 20, 2021
Question

Can I file a person taxes if they passed away?

  • April 20, 2021
  • 2 replies
  • 19 views

I have a client who states she was separated from her husband for 15 years. She never divorced and now wants to file his return since she has all his w2s etc. She has the death certificate. She has not filed MFJ in the past. How will I go about this situation? Sounds a little messy to me. 

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2 replies

IRonMaN
Level 15
April 20, 2021

"Sounds a little messy to me"

It's been a long tax season.  Personally, right about now I try to avoid messy as much as I try to avoid COVID.

Slava Ukraini!
BobKamman
Level 15
April 20, 2021

How long have you known her?  Has she been filing MFS during that time?  Who is the "informant" on the death certificate?  Have you checked for an obituary that would show children or other relatives?  Are the county probate court records online so you can find out if a personal representative has been appointed?  

rose323Author
Level 5
April 20, 2021

This client will be her first time doing business. The details haven't been discussed as of yet since I have a phone appointment with her today. I wanted to be ready. She was referred by another client who is known for about 5 years. 

qbteachmt
Level 15
April 20, 2021

Anyone can have a copy of a death certificate; that doesn't make her a special representative or even his executor. And why would she have "all his w2s etc?" well, it seems likely someone would have had to give that to her, so someone has been wrapping up his household? Is that someone authorizing her to handle having the taxes filed? Ask her who is authorized to sign the return, and have her prove that person is authorized. Remember your due diligence.

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