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Could I have filed claiming my husband who passes 1/24/2023

 
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2 Replies

Could I have filed claiming my husband who passes 1/24/2023

Not on your 2024 tax return if he died in 2023.  And a spouse is never a dependent.  You could file a Joint return for 2023 the year he passed.  

 

You can file a Joint return as normal the year your spouse died. For the next two years following a husband's or wife's death, the surviving spouse can file as a qualifying widow or widower if they have a qualifying child. That basically lets you continue to use the same tax brackets that apply to married-filing-jointly returns. After the year of death if you don't have a child you file as Single. And then the next year start over with a new return and new account. And don't transfer from the prior year.

rjs
Level 15
Level 15

Could I have filed claiming my husband who passes 1/24/2023

You can never "claim" your husband.

 

If your husband passed at the beginning of 2023 you could have filed your 2023 tax return as married filing jointly with your deceased husband, as long as you did not remarry in 2023. For 2024 and later your husband who passed in 2023 will not appear on your tax return at all.


If you have not remarried, and you have a child living in your home, you might be able to file as qualifying surviving spouse for 2024 and 2025. TurboTax will guide you to select the best filing status.

 

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