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In the Personal Info section or the My Info section of the tax return you will need edit the spouse's name. There will be a screen where you can select Passed away before filing this return and enter the date of passing.
due to IRC 6013(a)(3) the IRS may reject such amended return unless you can provide proof that you have he authority to act for your spouse
from a IRS information letter where husband had died prior to filing amended return.
We doubt whether the Service should accept the amended return as filed by Wife. In
general, a surviving spouse may file a joint return on behalf of herself and the decedent
only when no administrator or executor has been appointed (and none is appointed
before the last day prescribed by law for filing the return of the surviving spouse), but
only if no return for the taxable year has been made by the decedent. I.R.C. §
6013(a)(3). Based on the facts you provided, Husband already made a return—the joint
return with Wife. Absent any authority to act on behalf of Husband, Wife may not file an
amended joint return.
@britmom what are you trying to amend? what was done incorrectly originally?
From Instructions for Form 1040-X
Deceased taxpayer. If filing Form 1040-X for a deceased taxpayer, write or type “Deceased,” the deceased taxpayer's name, and the date of death across the top of Form 1040-X, page 1.
If you originally filed a joint return and you are filing Form 1040-X to claim a refund with respect to that joint return as a surviving spouse, sign the return and enter “Filing as surviving spouse” in the area where you sign the return. If someone else is the personal representative, he or she must also sign.
Claiming a refund for a deceased taxpayer. If you are filing a joint return as a surviving spouse, you only need to file Form 1040-X to claim the refund. If you are a court-appointed personal representative or any other person claiming the refund, file Form 1040-X and attach Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer, and any other information required by its instructions.
I actually need to pay. We filed jointly. I have a POA for most things from before he passed.
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