Spouse dies this year what do you claim on the taxes?

Answer 1

For the tax year of death the surviving spouse will file as married filing jointly the same as in past years using all of the itemized deductions and medical expenses that they are eligible to claim. The surviving spouse will be signing the tax return as a surviving spouse. Funeral expenses are not deductible on the individual tax return.

The surviving spouse alone can file the joint return if no personal representative has been appointed before the due date for filing the final joint return for the year of death. This also applies to the return for the preceding year if the decedent died after the close of the preceding tax year and before the due date for filing that return.

The word DECEASED, the decedent's name, and the date of death should be written across the top of the tax return. In the name and address space the surviving spouse should write the name and address of the decedent and, if a joint return, of the surviving spouse.

The surviving spouse (on a joint return) should sign the return and write in the signature area Filing as surviving spouse.

For more information go to www.irs.gov and use the search boxes for Publication 559 Survivors, Executors, and Administrators

This publication is designed to help those in charge of the property (estate) of an individual who has died (decedent). It shows them how to complete and file federal income tax returns and points out their responsibility to pay any taxes due.

A comprehensive example, using tax forms, is included near the end of this publication.

For more information the enclosed web site has some very useful information that you can use.

http://taxtopics.net/topic4.htm#decease

http://www.irs.gov/taxtopics/tc356.html

You also do not want to forget about the state tax returns.