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Centerpede
Level 1

Mandated to file past and current taxes for deceased spouse?

Living in Virginia, am I required to file taxes for spouse who died in April 2021?  "Married filing Separately" is my usual status and, understanding pros and cons, I do not want to change my status for tax year 2021.  Having met with my divorce attorney just days before my spouse's accidental death, I am not equipped to handled any of this.  There is no will, no administrator, no probate.  Spouse's only property known to me is 1/3 share of a $250k family-owned land with home attached where I alone reside.  Any guidance is appreciated.

3 Replies
Mike9241
Level 15

Mandated to file past and current taxes for deceased spouse?

Mandated by what tax authority? if your spouse had no income there is no requirement to file a tax return for them for either Federal or Virginia 

 

With no will Virginia's laws of intestate succession apply - see an attorney as to any responsibilities you may have.

 

 

Centerpede
Level 1

Mandated to file past and current taxes for deceased spouse?

Thank you for your reply.  I failed to mention that spouse was gainfully employed in 2020 and transitioned to disability benefits @January 2021.

Mike9241
Level 15

Mandated to file past and current taxes for deceased spouse?

with married filing separate it is each spouse's responsibility to file their own return.  so it comes down to state law as to who her legal representative is. it is their responsibility to file the descendant's tax return.  do you have the responsibility?  ask your divorce attorney. 

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