Deceased

Can the fiancé and father of the children claim them on his return if the other has deceased?

posted

You can generally claim children as dependents when they meet the following qualifications:

they have lived with you for more than half of the year.
you provided more than half of their support.
they are related to you.
they are not married and filing a joint return.
they are not listed as a dependent on another person's return, or qualified to be.

There are some exceptions to the above and different qualifications for some of the different credits on the return as well. I am not certain in your question who you are referencing as the other who is deceased in this situation, so I can't comment specifically but if you would like to clarify in a follow-up I would be happy to try to assist further.

You may find the additional information at this link helpful as well: Rules for Claiming a Dependent on Your Tax Return.

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