2023

Forum|Forum|1 year ago
December 4, 2024
4 replies
37 views

Hello my boyfriend and I were together the past 3 years and in Oct 2023 he passed away. We had kids together and lived together. Can I files taxes for him for 2023 or since we are not married nothing can be done?

xmasbaby0

Level 15

So sorry for your loss. Unless you have some legal standing as his personal representative, executor, etc. you cannot file a tax return for your boyfriend. Is there a family member who can file his final retutrn?

https://www.irs.gov/newsroom/how-to-file-a-final-tax-return-for-someone-who-has-passed-away

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

pinky_2710Author

Level 2

Thank you. I will tell his mom but not sure if she will do it. Thank you.

Opus 17

Level 15

Generally speaking, you must be the person's personal representative. Since you were not legally married, the best option for personal representative in this case would be legal next of kin (a parent, sibling, or adult biological child). An unrelated person can be a personal representative for income tax purposes, but it would be best to go to the probate court and ask for an appointment as the person's executor. For a small estate, this may not be complicated; you might only need to file a form, accept responsibility, and have the agreement of his legal next of kin that it is ok for you to do this. You might want to check with the court, they probably have a web site, or a clerk's office that can assist you with basic information that applies in your state.

https://www.irs.gov/forms-pubs/about-publication-559

If you meet the definition of personal representative in publication 559, and no one more closely related objects to your doing this, you may be able to take this role without filing any forms with the court. but it really depends on the law of your state and how his family feels, and you may want legal advice.

Also, because you were not married, it is possible that the legal rights to his property (bank account, car, furniture, investments, anything else) go to his next of kin and not you, unless they don't object. If you have a child together, the child might inherit his property, with you there to "help". Again, you may want some legal advice.