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pwdwhd17
New Member

For the last 4 years I have filed separated and head of house hold. My husband and I was never divorced but he was murdered earlier this year. I'd it ok for me to file widowed

 
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3 Replies

For the last 4 years I have filed separated and head of house hold. My husband and I was never divorced but he was murdered earlier this year. I'd it ok for me to file widowed

File as head of household if you have a qualifying child. 

Anonymous
Not applicable

For the last 4 years I have filed separated and head of house hold. My husband and I was never divorced but he was murdered earlier this year. I'd it ok for me to file widowed

if married and living apart, but not legally separated or divorced, then you can file a joint return.  however, the issues you face is that 1) you would have to include on the joint return all his income. Filing jointly is the same as filing widowed.   2) if there is someone other than you appointed as his estate representative. they can revoke or bar the filing of a joint return. 

For the last 4 years I have filed separated and head of house hold. My husband and I was never divorced but he was murdered earlier this year. I'd it ok for me to file widowed

If you file as "widowed" that would mean filing a joint return.  You would need to include your spouse's 2020 income, deductions and credits.  You would also need to sign for him as his personal representative.  Whether or not you can do that depends on the circumstances of the separation, and whether he had a will, and whether some other person wants to be his representative (such as a new partner).  If you signed as his representative, you might also be required to settle his estate.  It might require you to file with the probate court for permission to settle his estate.

 

If you still provide care in your home for a qualifying dependent, it will be easier to continue to file as head of household, especially if you don't want the responsibility of dealing with the financial issues of his passing.

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