You probably can based on the info you provided, or may be able to file as Qualifying Widow depending on your sons age for two years after your spouses death. This actually results in a better tax situation for you as you would still be able to use the standard deduction of a married couple filing jointly instead of Head of household which is lower.
If TurboTax is telling you that you do not qualify, please revisit all of your answers in the personal info section to be sure you are properly claiming your son and that you have selected that you were widowed in 2023.
Who is a Qualifying Widow(er)? Taxpayers who do not remarry in the year their spouse dies can file j... For the two years following the year of death, the surviving spouse may be able to use the Qualifying Widow(er) filing status. To qualify, the taxpayer must:
- Be entitled to file a joint return for the year the spouse died, regardless of whether the taxpayer actually filed a joint return that year.
- Have had a spouse who died in either of the two prior years. The taxpayer must not remarry before the end of the current tax year.
- Have a child, stepchild, or adopted child who qualifies as the taxpayer’s dependent for the year or would qualify as the taxpayer’s dependent except that he or she does not meet the gross income test, or does not meet the joint return test, or except that the taxpayer may be claimed as a dependent of another taxpayer.
- Live with this child in the taxpayer’s home all year, except for temporary absences.
- Have paid more than half the cost of keeping up the home for the year.
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
