Filed 2020 taxes married filing separately. My deceased spouse did not file 2020. We were living different residences not legally separated. Am I responsible for his?

[ThomasM125]

You are not responsible for taxes on your spouse's income since you filed married-separate. However, if you lived in a community property state, you may have to include your share of his or her income on your tax return. Here is a list of community property states:

- Arizona

 - California

 - Idaho

 - Louisiana

 - Nevada

 - New Mexico

 - Texas

 - Washington

 - Wisconsin

[knikki32 · Accepted solution]

@ThomasM125 thank you for clarifying that for me! I am not in one of those states. I am still unsure if I should file single or married filing separately. Would you be so kind and advise? I know MFS would include typing Deceased and DOD after his name when I efile with turbo tax. Also there is no estate, executor or joint debts.

[ColeenD3]

If you were still married on the date of death, you have the choice of filing Married Filing Jointly or Separately. 

If your spouse died in 2021, you should also file jointly with your late spouse unless you remarried in 2021. In that case, you'd file a joint return with your new spouse and file your deceased spouse's return as Married Filing Separately.

You can see this IRS Chart for further clarification.