Father Passed Away

[jesobar]

State: Texas

My father passed away December 29, 2020. He was divorced for over three years. I have two questions:

1) Can you file taxes together if you are divorced? Is this legal? His current ex wife is trying file taxes with his information but I have not given her a copy of the death certificate. Any info would help. 

2) I am his son from first marriage. Does someone have to file his taxes for the the 2020 fiscal year since he did work as a teacher until his death? If so, who would do this and if he owed money who would pay for it? Thank you for any information.

Very humble and respectfully,

J.E.

Thank you

[Anonymous_]

I am sorry for your loss.

Was your father married at any time during the 2020 tax year?

A final income tax return (1040) most likely needs to be filed for your father, which typically is the responsibility of the personal representative. A personal representative is an executor, administrator, or anyone who is in charge of the decedent's property. 

[jesobar]

Thank you so much for the quick response. NO, he was not married for the past three years. He had divorced by court and i have his divorce decree.  HIs ex wife is trying to file taxes with his info.  But I do not know if I should give her a copy of the death certificate or not.  I really want to know if two people that divorced can file jointly afterwards? is this legal? Thank you for any more information.

respectfully,

JE

[Anonymous_]

Is she trying to grab his refund? Of course that is not legal unless, somehow, she has a right to it.

Regardless, she cannot file a joint return with your father since they were not married in 2020 and she most likely, as his ex-wife, is not the proper party to file his final return (1040). 

I would not give her a copy of the death certificate, at least not before securing legal counsel.