If my deceased husband owed back taxes, would filing jointly allow the irs to keep my return?

[julierchase1]

we previously have filed separately.  he passed last year.  would filing jointly this year mean the irs could keep the return

[JulieS]

Yes, if your husband owed taxes at the time of his death, they would be taken from any refund shown on his final return. 

To avoid losing your refund, you can either file Mariied Filing Separately, or you can file jointly and attach an Injured Spouse form. 

Here's how to add an Injured Spouse form to your return in TurboTax:

1. Open or continue your return.
2. Select Other Tax Situations from the left-side menu, expand Other Tax Forms by selecting the down arrow. 
3. Select Start to the right of Report an injured or innocent spouse claim.
4. Answer Yes to Do you want to claim innocent or injured spouse relief?
5. On the screen that says, Your Request For Innocent Spouse Relief select Continue. That is not the form you need. 
6. Continue until you get to Let's See if You Qualify for Injured Spouse Relief.
7. Carefully answer the remaining questions in the section.
8. You can e-file with this form, but filing it'll delay your tax refund about 14 weeks. 
    

That being said, if there is any estate, or assets in probate, the taxes will need to be paid to settle the estate. 

I am very sorry for your loss. If you have more questions, please feel free to reach out and TurboTax can help you further.