• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How to file taxes, after a spouse passes away?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Mark2365

Active Member
In Arizona.

A fairly simple question, I think. . .
After being married for eight years, my spouse passed away in May, 2019.
We had always filed taxes Jointly. How should I file taxes for 2019, in 2020?
Thanks.
 


Taxing Matters

Overtaxed Member
My condolences to you on the recent passing of your wife. You have the option to file a joint return for 2019 assuming her estate is agreeable to that and assuming you do not remarry in 2019. You will no longer be able to file a join return with your late wife after 2019. So in 2020 your filing options will depend on marriage status on December 31, 2020.
 

Mark2365

Active Member
First, thanks for the condolences, Overtaxed.
We can assuredly assume that I will Not be re-marrying in this year.
And, I think that was a typo, about the marital status… 12/31/2019, not 12/31/2020. . . Yes?
Now,. . . 2019 filing in 2020 as Joint or Single is Optional? That's interesting.
It's PROBABLY beneficial to file Jointly, though,. . . Yes? There will be No "estate" disagreements.
 

Taxing Matters

Overtaxed Member
First, thanks for the condolences, Overtaxed.
We can assuredly assume that I will Not be re-marrying in this year.
And, I think that was a typo, about the marital status… 12/31/2019, not 12/31/2020. . . Yes?
No, it was not a typo. Your filing status for the 2020 return will depend on your marital status on 12/31/2020. Your filing options for the 2019 return would either be married filing jointly (if you and your spouse's estate agree to do that) or single, assuming you do not remarry on or before 12/21/2019.

It's PROBABLY beneficial to file Jointly, though,. . . Yes?
Probably, but no way I could say for sure as I've not reviewed all the facts of your situation and the estate's situation.
 

LdiJ

Senior Member
First, thanks for the condolences, Overtaxed.
We can assuredly assume that I will Not be re-marrying in this year.
And, I think that was a typo, about the marital status… 12/31/2019, not 12/31/2020. . . Yes?
Now,. . . 2019 filing in 2020 as Joint or Single is Optional? That's interesting.
It's PROBABLY beneficial to file Jointly, though,. . . Yes? There will be No "estate" disagreements.
Your first post, the way it was written, seemed to be asked how you would file both for 2019 and for 2020. I see from this post that you meant to ask about how you would file 2019 taxes that would be filed in 2020.

Most people (and certainly tax professionals) don't need the added explanation. 2019 taxes are 2019 taxes no matter when you file them.
 

Mark2365

Active Member
Got it. I apologize for confusing the issue. I was asking about 2019 taxes that would be filed IN 2020.
But, I suppose that sometimes the taxes aren't actually filed until Several years later.
So, I should just refer to 2019 taxes. Or 2020 taxes. Regardless of when they are filed. Got it.

Thanks for the information, people.
 

davew9128

Junior Member
Your filing options for the 2019 return would either be married filing jointly (if you and your spouse's estate agree to do that) or single, assuming you do not remarry on or before 12/21/2019.
This is incorrect. A surviving spouse cannot file as single in the year of passing. They can file MFS, MFJ, or if they otherwise would have qualified while the spouse was living, as HOH. IRC 7703.
 

LdiJ

Senior Member
We had an interesting one for 2018. The husband died early 2018 and the widow remarried before the end of 2018. There were unusual investment sales and expenditures that really confused things. Eventually research indicated that the widow should file jointly with her current spouse and that the deceased husband needed to file as MFS.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top