If you are currently in the middle of a lawsuit involving your dead husband's worker's compensation claim, then all income is the estates and I would defer to the attorney handling that case as the estate cannot legally close until the lawsuit has been settled. When my mother passed midway thru her own law suit against a major hospital system, her attorney worked with the estate attorney and made sure all the proper paperwork was handled. As long as the suit is open, your deceased spouse still has an estate and possible income when the suit settles.
I have been a professional income tax preparer for nearly 40 years and I would still let the attorneys handle this one just to make sure it is done properly with all the involved agencies, both federal, state, and possibly local.
