How do I enter an executor in TT on a MFJ with a Surviving Spouse Return

[MommaTraveler]

My husband died in 2023.  I am on extension for filing. 

I am the sole beneficiary of his estate but our daughter is the executor. 

How do we prepare the final MFJ return in TT and enable her to sign as executor and me as surviving spouse? 

We have completed the interview and it's ready to go, but in the box where my husband should sign, it says 

filing as surviving spouse and there is no mention of Executor anywhere.  Is there a separate form that needs to be completed?   Can we still e-file?   Or, can I just file and sign as surviving spouse if she gives me her permission (which she has).  

[M-MTax]

If you need to file a return for the estate, that would be a 1041. 

[M-MTax]

Condolences on your loss. You can still file a MFJ return for your personal taxes.

[MommaTraveler]

1041 has already been filed.   I'm now filing as a MFJ for the year 2023.  I have noted my husband's name and date of death on the 1040 and it is showing at the top, where it should be. 

[VolvoGirl]

Why do you need her to sign it too?  Just file it as normal.  My husband died in 2023 and I was able to efile my Joint return.  

[pk]

@MommaTraveler ,  I am sorry for your great loss.

(a) we are talking about two different things here   -- 1.  you and your husbands  joint return for the year 2023 -- last return for the decedent.  On this you prepare  as MFJ and only you sign  -- you tell TurboTax  that  your husband has passed -- it will ask for the date of demise of the decedent.   This can be e-filed.  You may need a copy of 2022 return  so you can verify by using  AGI from 2022 and  of  course driver's license etc.

(b)   I do not believe you will have to file a form 1310 to claim any refund since you are  filing jointly.

(c)  The comment from my colleague @M-MTax  is for the second item  -- The Estate of the decedent.  That part depends on  the size of the Estate, whether there is a trust involved etc. and  of course the State  laws  dictating whether  you can use the simplified  probate i.e. going through the whole probate process.  It would be good idea  to consult with your lawyer for  path forward.   This is where  the trustee of the trust and/or the executor of the trust comes into the picture.

Please see this  pub from the IRS -->  About Publication 559, Survivors, Executors and Administrators | Internal Revenue Service (irs.gov)

Again my condolences  -- I know it hurts  ( having just lost my wife of 55 years  this February ).

pk

[MommaTraveler]

Thank you @pk   My sincerest condolences on the loss of your wife.  55yrs is magnificent, and you must feel her loss so deeply.  

I think I am concerned that my daughter as the executor should also sign because of the FAQ on the IRS website:

https://www.irs.gov/faqs/irs-procedures/signing-the-return/signing-the-return#:~:text=A%20decedent%2....

where is states:

Question

My spouse passed away last year, and I want to file a joint return. How should I file, how should I sign, and are there any special notations required to indicate my spouse is deceased?

Answer

• Across the top of the return - above the area where you enter your address, write "Deceased," your spouse’s name, and the date of death.  [This is done in TurboTax, so we're OK here]
• When you're a surviving spouse filing a joint return and a personal representative hasn't been appointed, you should sign the return and write "filing as surviving spouse" in the signature area below your signature.  [A personal representative (executor) HAS been appointed - my daughter]
• When you're a surviving spouse filing a joint return and a personal representative has been appointed, you and the personal representative should sign the return. [This is why I think she and I need to both sign the return]
• A decedent taxpayer's tax return can be filed electronically. Follow the specific directions provided by your preparation software for proper signature and notation requirements.
  
  
  
  

[xmasbaby0]

So very sorry for the loss of your spouse.   For your personal income tax return---for the year in which your spouse died, you can file a joint return and sign it yourself.  Your daughter does not sign that one.   Don't confuse the "estate" return with your personal individual/joint tax return.  They are two different returns.

  For the year that your spouse died, you can still file a joint return.  That way, you will get the married filing jointly standard deduction of $27,700 (+ $1500 for each spouse 65 or older) which will lower the amount of income you are taxed on.

In My Info, you will need to indicate that your spouse died. When his name is in My Info,  there is a screen early in the interview that asks "Do any of these apply to [name] ?’” where you will do that, and then a drop down will appear where you can enter the date he passed.

https://blog.turbotax.intuit.com/tax-planning-2/tax-implications-for-taxpayers-who-have-lost-a-spous...

https://ttlc.intuit.com/questions/4149272-i-heard-that-the-federal-qualifying-widow-er-requirements-...

[M-MTax]

@MommaTraveler 

You do not need to file a 1310.....you are a surviving spouse filing a joint return.

[pk]

@MommaTraveler   of course you are correct --- if a personal rep/ executor  has been appointed   by the court or otherwise, then that person signs for the  decedent -- form 1040 does not allow for that.  So yes  your daughter can sign as  the personal rep/ executrix.

Hope that helps.   Thank you for your kind words.

pk

[MommaTraveler]

@pk - thanks!

So, I guess the question remains, how do I get her to sign it in TT and can I efile????

[M-MTax]

So, I guess the question remains, how do I get her to sign it in TT and can I efile????

She doesn't need to sign it and you should be able to e-file.