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cdc2
New Member

I am a widow as of 12/18. My deceased husband is getting 1099s for income in the beginning of 2019. Do I need to file joint for 2019?

 
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3 Replies
TomK100
Expert Alumni

I am a widow as of 12/18. My deceased husband is getting 1099s for income in the beginning of 2019. Do I need to file joint for 2019?

No, you should have filed a joint return in 2018 (the year he passed). 

Qualifying Widow (or Qualifying Widower) is a filing status that allows you to retain the benefits of the Married Filing Jointly status for two years after the year of your spouse's death.

You must have a dependent child in order to file as a Qualifying Widow or Widower. In fact, the full name of this filing status is actually "Qualifying Widow(er) with a Dependent Child". If you do not meet the requirements for qualifying widower and you have not remarried then you must file as single.

For the two years after the year of your spouse's death, you can use the Qualifying Widow(er) filing status if all 5 of the following statements are true:

  1. For the year in which your spouse died, you filed (or could have filed) a joint return with your spouse.
  2. You did not remarry (during the two years after the year of your spouse's death). For example, your spouse died in 2017 and you do not remarry before January 1, 2020.
  3. You have a child or stepchild (not a foster child) whom you are able claim as a dependent.
  4. The child lived with you in your home all year, except for temporary absences. There are exceptions for birth, death, or kidnapping (see below).
  5. You paid more than half the total cost of keeping up the home in which you and the child lived for the year. The total cost of keeping up a home includes food expenses, rent, mortgage interest, home insurance, real estate taxes, utilities, repairs, maintenance, and other household expenses.
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I am a widow as of 12/18. My deceased husband is getting 1099s for income in the beginning of 2019. Do I need to file joint for 2019?

Assuming no dependent and the widow filed jointly for 2018. Would the widow continue to file jointly in 2019 or would the executor file separately for the deceased?

I am a widow as of 12/18. My deceased husband is getting 1099s for income in the beginning of 2019. Do I need to file joint for 2019?

If there is an estate generating income over $600 the executor files that.

Depending on the complexity, the estate return may supply a K-1 to the surviving spouse.

In your scenario, the surviving spouse files Single in 2019.

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