MY HUSBAND WILLIAM PASTED AWAY MAY 14 2016. I AM STILL WORKING (DEBRA) BUT HOW DO I HANDLE PREPARING OUR LAST TAX RETURN. CAN I CLAIM HIM?

[coles63]

DO I HAVE TO DO A SEPARATE RETURN FOR HIS DISABILITY PAYMENTS UP UNTIL MAY?  CAN WE CLAIM JOINT RETURN?

[Coleen3 · Accepted solution]

We are very sorry for your loss.

You can file as Married Filing Joint for the year of death and include all the income and deductions you normally would. 

Follow these steps to start a return for the decedent:

1.       Open (continue) your tax return.

(To do this, sign in to TurboTax and click the orange Take me to my return button.)

2.       Click the Personal Info Tab

3.       Click Edit by your Name (or Your Spouse's Name)

4.       Go to 3. A few other things we need to know

5.       At "I'm preparing this return for [Name], who has passed away." Click Yes (See the attached screenshot below. Click to enlarge.)

If a joint return is filed by the surviving spouse alone, he or she should sign the return and write "filing as surviving spouse" in the space for the other spouse's signature.

If a refund is due, there's one more step. You should also 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.

[Priscilla1940]

Where can I get Form 1310?