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Level 5
March 29, 2021
Solved

Mortgage interest statement for surviving spouse

  • March 29, 2021
  • 9 replies
  • 52 views

My client's husband passed away in 2018 and the home is now part of her husband's estate. The title is under the surviving spouse's name but not the mortgage form. I see the form still has her husband's social security number. Will I still be able to include the form in her return for tax purposes? Or is there a different process for an estate? 

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Best answer by jeffmcpa2010

If I had that situation - She has title to the residence, The Mortgage (in whatever name) is secured by her

residence, and she is making the payments, I am deducting the Mortgage Interest.

But I may put it on a line that doesn't reconcile to the 1098, Like line 8b

9 replies

Level 10
March 29, 2021

Who is making the payments?

If she is making the payments, Which are a debt against property she owns (title in her name with a mortgage against it) I would claim the interest on her return. (Don't know if that is totally correct, but it seems reasonable at least.)

If she is not making the payments - not sure, I am having a hard time explaining to my self deducting that the taxpayer is not paying.

rose323Author
Level 5
March 29, 2021

Yes she is the one making the payments

Level 10
March 29, 2021

If I had that situation - She has title to the residence, The Mortgage (in whatever name) is secured by her

residence, and she is making the payments, I am deducting the Mortgage Interest.

But I may put it on a line that doesn't reconcile to the 1098, Like line 8b