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Level 2
posted Apr 9, 2025 9:42:51 PM

My wife passed away and received 1099-C and 1099-R

My wife passed away in 2024. She received a 1099-C for credit card debt she didn't finish repaying and a 1099-R for a 401k loan she didn't finish repaying. Do I include this as income on my "Married filing jointly" return?  Or can I file as a Single or Head of Household to avoid this taxable income?

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2 Replies
Level 1
Apr 9, 2025 10:09:12 PM

If you're filing MFJ yes, include all her tax docs. Should you file that way? I would have to speak with you privately...

Expert Alumni
Apr 10, 2025 7:15:55 AM

You cannot file as Single.  According to the IRS: "...taxpayers whose spouses died during the tax year are considered married for the entire year, provided they did not remarry. The surviving spouse is eligible to file as Married Filing Jointly or Married Filing Separately."   If you qualify, you can file as head of household.  You would qualify for HOH if you:

 

  • Are unmarried or “considered unmarried” on the last day of the tax year, and
  • Paid more than half the cost of keeping up a home for the required period of time, and
  • Had a qualifying person living in their home for more than half the year (except for temporary absences,such as school)

Whether you should file MFJ or MFS is a bit complicated and beyond this forum.