topic My ex husband passed away so do i claim my daughter this year or no? in Get your taxes done using TurboTax

My ex husband passed away so do i claim my daughter this year or no?

ambrosia1611-gma — Tue, 24 Feb 2026 07:09:01 GMT

My ex passed Dec 16 5th of last year so I claim my daughter or do I let his wife claim her on his

Re: My ex husband passed away so do i claim my daughter this year or no?

xmasbaby0 — Sun, 13 Aug 2023 22:28:55 GMT

Please provide some details. Who has your daughter been living with the most? Who has been the custodial parent? The custodial parent would be the parent -- or legal step-parent-- with whom the child spent the most nights-- at least 183 nights.

Re: My ex husband passed away so do i claim my daughter this year or no?

Opus 17 — Sun, 13 Aug 2023 22:35:41 GMT

First, a step-parent has the same legal rights to claim a child as a dependent as a biological parent, and that rights extends even after divorce or death of one of the parents. So you and the stepmother are in the same legal position with regards to the dependent rules.

With that being said, the usual rules for a child under age 19 are that they can be claimed by the parent where they live more than half the year, as long as they don't provide more than half their own financial support. So if the child still lives with her stepfamily, then nothing has changed even though your ex-spouse has passed. Alternatively, if the child changes her living arrangements, you would be able to claim the child if she lived with you more than half the year.

Lastly, you may be aware of the special rules for children of divorced parents that allow a child to be claimed by a parent they don't live with if the parent they do live with signs a waiver. Those rules don't apply after the death of one of the parents, so you can't use a waiver to claim the child if she doesn't live with you, even if the stepmother was willing to sign a waiver. The dependent claim is now based entirely on the normal rules about age, residency, support and schooling.

Re: My ex husband passed away so do i claim my daughter this year or no?

NCperson — Mon, 14 Aug 2023 00:25:00 GMT

who did your daughter live with more than 183 nights during the tax year? that is who controls who claims the child.

run your scenario through the IRS dependent tool:

https://www.irs.gov/help/ita/whom-may-i-claim-as-a-dependent