Deceased taxpayer with surviving spouse receiving refund

Forum|Forum|6 years ago
March 28, 2020
1 reply
19 views

I am the executor of my Dad's estate, who passed away in 2019. He has a surviving spouse.(2nd wife) I am preparing the tax returns and want to know if the estate is entitled to 50% of the refund? Is it normal to prepare a joint return. Do I file Form 1310 to claim 50% of refund? The reason is to pay medical bills that surviving spouse will not pay.

Best answer by Anonymous_

I am sorry for your loss.

You should most likely consult with a legal/tax professional for this scenario as there are a few variables, which would include your father's wife filing a joint return.

Anonymous_Answer

Level 15

I am sorry for your loss.

You should most likely consult with a legal/tax professional for this scenario as there are a few variables, which would include your father's wife filing a joint return.

cmesch

Level 2

What if I am filing a joint return and my spouse is deceased. The form says if filing joint, both must sign the 1040.

DawnC

Level 15

The form says both must sign - unless you are the surviving spouse. In your case, your signature alone will suffice. Make sure you have entered is Date of Death in TurboTax in the personal information section. I am sorry for your loss. @cmesch

You can complete and file with the final return a copy of Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer. Although the IRS says you don't have to file Form 1310 if you are a surviving spouse filing a joint return, you probably should file the form anyway to head off possible delays.

Tax info - Death in the Family

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