Hi all!
My mother was the beneficiary of my child's life insurance policy, my child lived with me throughout the entire year up to his death (11/29/22). Who files him on their taxes? Me or my mother.
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Very sorry for your loss. The fact that someone was the beneficiary of the insurance does not mean they can claim your son as a dependent. If your child lived with you for most of 2022 and you provided over half of his support then you can claim him as a dependent on your tax return.
IRS interview to help determine who can be claimed:
https://www.irs.gov/help/ita/who-can-i-claim-as-a-dependent
https://ttlc.intuit.com/questions/3113432-who-can-i-claim-as-my-dependent
My mother was the beneficiary of my child's life insurance policy, my child lived with me throughout the entire year up to his death (11/29/22). YOU DO since the child lived with you then you are the custodial parent per IRS rules. Who gets the payout of a non taxable life insurance policy is immaterial as to who claims the decedent.
Thank you both for your responses.
sorry for your loss...when you file the tax return and it asks how long the child lived with you, choose 'the whole year'. that is the correct response in this circumstance.
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