deceased spouse filed separately in the past do I have to file jointly now to get dependent credit

[Sharronmar]

I have never filed jointly with spouse because he owed the IRS before we were even married and beyond. He passed away 12/25/2019 do i have to file jointly now because of my two dependents and will I have to pay his tax debt if I do 

[JotikaT2 · Accepted solution]

No, you do not have to file a joint return.

You can still file as Married Filing Separately but you will need to file his return as he normally would but mark his date of death on the input for his return.  I am sorry for your loss.

As far as your dependents, it will be up to you as to who claims them.  As long as you meet the requirements to claim them as dependents, you can claim them on your return instead of on his return.  

Dependent qualifications

[Anonymous · Accepted solution]

you could file joint and include form 8379 innocent spouse allocation.  it would seem that since you were married when he died the only options are Joint or Separate returns. 

you can claim the exemptions for the children in III of form 

without knowing a lot more I can't say that this would maximize your refund.  you may want to use a TT pro   TT live or a professional cpa or law firm  

as you know most credits and some deductions are lost if filing separate.