Deceased taxpayer with surviving spouse receiving refund

[rruthgriff]

I am the executor of my Dad's estate, who passed away in 2019.   He has a surviving spouse.(2nd wife)  I am preparing the tax returns and want to know if the estate is entitled to 50% of the refund?      Is it normal to prepare a joint return.    Do I file Form 1310 to claim 50% of refund?      The reason is to pay medical bills that surviving spouse will not pay.

[Anonymous_ · Accepted solution]

I am sorry for your loss.

You should most likely consult with a legal/tax professional for this scenario as there are a few variables, which would include your father's wife filing a joint return.

[cmesch]

What if I am filing a joint return and my spouse is deceased.  The form says if filing joint, both must sign the 1040.

[DawnC]

The form says both must sign - unless you are the surviving spouse.  In your case, your signature alone will suffice.   Make sure you have entered is Date of Death in TurboTax in the personal information section.  I am sorry for your loss.  @cmesch

You can complete and file with the final return a copy of Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer.   Although the IRS says you don't have to file Form 1310 if you are a surviving spouse filing a joint return, you probably should file the form anyway to head off possible delays.

Tax info - Death in the Family