Estranged Wife Filing Tax Returns

[ronnydeann28]

What is the name of your state (only U.S. law)? Texas

My grandfather (N) died on February 13, 2015. He made his own funeral arrangements to which he filled his marital status as divorced, although he had been living with a woman (V) for the past 15 years.

On June 2, 2015, my mother (Informant on death cert) received a letter from a woman (O) claiming to be N's wife. She claimed they were still married but living apart mutually and needed his death cert changed so she could receive "proper benefits" from his pension. She sent a copy of their joint tax return she filed for 2014 and had her address listed. We do not know if he ever agreed to filing a joint tax return ever in the first place or if he knew about it or how long it has been going on.
Question: Is this tax fraud? (He's been living in another county and clearly represented himself as divorced (although we have yet to locate any divorce cases as of yet)

 

[Zigner]

What is the name of your state (only U.S. law)? Texas

My grandfather (N) died on February 13, 2015. He made his own funeral arrangements to which he filled his marital status as divorced, although he had been living with a woman (V) for the past 15 years.

On June 2, 2015, my mother (Informant on death cert) received a letter from a woman (O) claiming to be N's wife. She claimed they were still married but living apart mutually and needed his death cert changed so she could receive "proper benefits" from his pension. She sent a copy of their joint tax return she filed for 2014 and had her address listed. We do not know if he ever agreed to filing a joint tax return ever in the first place or if he knew about it or how long it has been going on.
Question: Is this tax fraud? (He's been living in another county and clearly represented himself as divorced (although we have yet to locate any divorce cases as of yet)

You (and your mom) don't know if grandpa was married?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Texas

My grandfather (N) died on February 13, 2015. He made his own funeral arrangements to which he filled his marital status as divorced, although he had been living with a woman (V) for the past 15 years.

On June 2, 2015, my mother (Informant on death cert) received a letter from a woman (O) claiming to be N's wife. She claimed they were still married but living apart mutually and needed his death cert changed so she could receive "proper benefits" from his pension. She sent a copy of their joint tax return she filed for 2014 and had her address listed. We do not know if he ever agreed to filing a joint tax return ever in the first place or if he knew about it or how long it has been going on.
Question: Is this tax fraud? (He's been living in another county and clearly represented himself as divorced (although we have yet to locate any divorce cases as of yet)

But with no divorce case, he was NOT divorced. How long since you talked to your grandfather about anything substantial/important?

 

[ronnydeann28]

You (and your mom) don't know if grandpa was married?

He always referred to V as his wife, not O. All the time I can remember (I'm 29) he was either alone or with V and even signed over property and automobiles to V before passing.

 

[davew128]

How do you "know" its tax fraud? If they didn't legally divorce, then she's within her rights to file a joint return with him (assuming he consented), and a good chance she's the designated beneficiary of the pension and would have had to waive that right as the spouse under ERISA.

 

[single317dad]

https://www.dshs.state.tx.us/Vital_Statistics/Verification_of_a_Marriage_or_Divorce.aspx

 

[LdiJ]

How do you "know" its tax fraud? If they didn't legally divorce, then she's within her rights to file a joint return with him (assuming he consented), and a good chance she's the designated beneficiary of the pension and would have had to waive that right as the spouse under ERISA.

One way to tell if she had his consent or not is to see if the tax return accurately reflects his information.

I would certainly be leery of this. Texas recognizes common law marriages and one of the elements of a common law marriage is a joint tax return. I can see some con artist trying to claim a common law marriage in order to get someone's pension benefits. There are also MUCH better ways to prove that you were married to someone than a tax return...and those better ways would allow her to get a copy of the death certificate without the help of OP's mother.

There are a lot of red flags here and I certainly would not give this woman a copy of the death certificate without better proof of marriage than a joint tax return.

 

[latigo]

Why do you refer to V as grandpa's "estranged wife" when he is dead?!

It is clear that this Texas couple were once intermarried, if not by ceremony then consensually.

SO, if you should fail in your avaricious efforts to rummage up evidence of their being divorced, the widow V is going to play heavily in the distribution of grandpa's estate. And your expectations per mommy are going down the drain.

And what's more, even if they were once divorced that would not prevent them from re-intermarrying, either ceremonially or consensually And they were certainly not estranged from one another when grandpa (near death) gave her the car and other stuff as you've told us.

 

[Proserpina]

He always referred to V as his wife, not O. All the time I can remember (I'm 29) he was either alone or with V and even signed over property and automobiles to V before passing.

But V was not his wife, no matter how he referred to her. It's not outwith the realm of possibility that he did the same thing, sort of reversed, with O.

How he listed his status at the funeral home is neither here nor there legally speaking. It's not as if they ask for proof of marriage or divorce.

Out of interest, what exactly did O present? A printed off copy of a return which may or may not have been actually filed?

 

[LdiJ]

Why do you refer to V as grandpa's "estranged wife" when he is dead?!

It is clear that this Texas couple were once intermarried, if not by ceremony then consensually.

SO, if you should fail in your avaricious efforts to rummage up evidence of their being divorced, the widow V is going to play heavily in the distribution of grandpa's estate. And your expectations per mommy are going down the drain.

And what's more, even if they were once divorced that would not prevent them from re-intermarrying, either ceremonially or consensually And they were certainly not estranged from one another when grandpa (near death) gave her the car and other stuff as you've told us.

V is the woman he lived with for the last 15 years. O is the woman presenting a tax return claiming to be his wife.

 

[ronnydeann28]

But V was not his wife, no matter how he referred to her. It's not outwith the realm of possibility that he did the same thing, sort of reversed, with O.

How he listed his status at the funeral home is neither here nor there legally speaking. It's not as if they ask for proof of marriage or divorce.

Out of interest, what exactly did O present? A printed off copy of a return which may or may not have been actually filed?

She sent a demand letter to my mom requesting her to change the death certificate to married so she can collect his pension benefits. She sent a copy of the death certificate and the first page of a tax form 1040 for 2014 tax filing (as you said, may or may not have been filed). It reflected her name and his with her address in San Antonio, although he hasn't lived with her for at least 15 years (the time he's lived with V).

 

[Proserpina]

She sent a demand letter to my mom requesting her to change the death certificate to married so she can collect his pension benefits. She sent a copy of the death certificate and the first page of a tax form 1040 for 2014 tax filing (as you said, may or may not have been filed). It reflected her name and his with her address in San Antonio, although he hasn't lived with her for at least 15 years (the time he's lived with V).

I hope your mother ignored the demand; if O is indeed the wife, she can go ahead and find everything herself. It's certainly not your Mom's job to cater to her.