Unfiled prior year returns

[user17581365864]

I am trying to find out the best way to file returns for 2022 , 2023, and the 2024 returns. When I was about to file my 2022 return in September 2023, my wife who had been ill for about 2 years was hospitalized. I spent every waking moment in the hospital with her until they sent her home with hospice. She died at home in October of 2023! Needless to say, I did not file our 2022 tax return. It was almost complete but I needed to get some info that she had prepared earlier in 2023. I have pulled that info up and trying to file Federal & CA returns! I had a health issue in the summer of 2024 that put me behind in filing 2023 returns which would have been a MFJ return with deceased spouse. I am working on 2024 now In all years, the government will owe me money as I deliberately over withheld on pensions and RMD's. Nevertheless, there are a number of questions that pop up for each year. It is my understanding that I will have to file paper returns for 2022 & 2023 to IRS and CA. On the 2022 and 2023, how will my wife's signature be handled? Do I sign it on her behalf indicating she was deceased in October 2023 & unable to sign 2022 & 2023 returns? How should these returns be submitted? Do I send a cover letter explaining situation, copy of her death certificate? Do I send Certified mail? Thank you -Gary S. Foy [email address removed]

[Loretta P]

I'm sorry for your loss. @user17581365864

When entering the information you will indicate for the prior year returns that your spouse is deceased.  You will still file as married filing a joint return.  You want to enter your information first (so you show as the primary tax payer) and then your deceased spouse's information.  In the My Info section TurboTax will ask if the person has passed away.  You must check the box and enter the date of death.  When filing returns by paper method I highly recommend sending certified with return receipt requested to confirm the taxing authority (IRS & State) have received the return.

1. Print and mail the return: Since prior-year returns cannot be e-filed, you must print the completed return and sign it.
   • Sign the return: Sign in the space designated for the primary taxpayer. In the space designated for your deceased spouse, write "Filing as surviving spouse".
   • Include Form 1310 (if necessary): If you are claiming a refund and are not a court-appointed representative, you should also fill out and include Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer.
   • Write "Deceased" on the form: The IRS also recommends writing "Deceased," your spouse's name, and the date of death across the top of the Form 1040.