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Fatima Al-Mansour

How does a tax return for a deceased couple work when both passed in the same year?

Title: How does a tax return for a deceased couple work when both passed in the same year? 1 I've been put in charge of filing my brother and sister-in-law's taxes, and I'm honestly overwhelmed. They both sadly passed away in 2024 (my brother in March and his wife in November) and they were married for almost 15 years. This will obviously be their final tax return, but I have no clue if all the usual credits and deductions apply the same way. I know that when one spouse dies, you can still file Married Filing Jointly for that year, but what happens when BOTH spouses die in the same tax year? I've been searching the IRS website for hours and can't find clear instructions for this situation. They had some investments, a pension, and both worked part-time until my brother got sick. Any help would be so appreciated as I'm trying to handle all this while dealing with the emotional stress too.

12 I'm sorry for your loss. This is indeed a unique situation that's not covered as clearly in IRS publications. Yes, you're correct that when one spouse dies, the surviving spouse can still file MFJ for that year. In your case, with both spouses passing in the same year, you can still file a joint return for them for 2024. All the usual credits and deductions they would typically qualify for still apply. You'll need to write "DECEASED" across the top of the return along with the dates of death. As their representative, you'll sign the return and indicate your relationship to them. You may need to submit Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer) if there's a refund due. Income is reported up to the dates of death, and any income received after death is reported on the estate's tax return (Form 1041) if an estate is created.

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3 Thank you for the information. What about their medical expenses? They had quite a lot in their final months. Can those still be deducted? And do I need to get some kind of court document to prove I'm allowed to file for them or can anyone in the family do it?

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12 Medical expenses are still deductible on their final return, subject to the normal 7.5% of AGI threshold. Those can be significant deductions in a situation like this, so definitely gather all those receipts. Regarding authorization, ideally you should be the executor or personal representative of the estate as appointed in their will or by the court. If there's no formal appointment, the IRS generally accepts a close family member handling the return, but having some documentation (like a death certificate and proof of your relationship) is helpful. If there's significant assets or complications, getting formal authorization through probate court might be necessary.

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7 After struggling with a similar situation last year, I found taxr.ai (https://taxr.ai) incredibly helpful for sorting through the documents and special situations for deceased taxpayers. The tool analyzed all the medical bills, income statements, and previous returns to help identify every possible deduction. It even flagged some retirement account issues I would've missed that saved thousands in potential penalties. Their deceased taxpayer guidance really simplified things for me when I was also dealing with the emotional side of losing family members. It clearly showed what forms needed special handling and where to note the deceased status.

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15 Does it actually help with the procedural stuff? Like does it tell you what court forms you need for becoming an executor or whatever? I'm in a similar boat but haven't even started the probate process.

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8 I'm skeptical about these tax tools. How does it handle state-specific requirements? Some states have different rules for deceased taxpayers, and I've found most software doesn't catch these nuances.

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7 It does help with procedural requirements by providing checklists specific to your situation. It won't complete court forms for you, but it gives detailed guidance on what needs to be filed where and when, which was super helpful when I was overwhelmed with everything. Regarding state-specific requirements, that was actually one of the most valuable features for me. It identified several California-specific rules that applied to my parents' situation that TurboTax completely missed. The tool specifically asks about the state and tailors its analysis based on both federal and state-specific deceased taxpayer provisions.

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15 Just wanted to update - I tried taxr.ai after posting my question here, and it was seriously a lifesaver for my aunt and uncle's final return. It immediately identified that I needed to file Form 56 (Notice Concerning Fiduciary Relationship) which no one had mentioned to me, and flagged that one of their IRAs had special distribution requirements because of their ages at death. The document review feature saved me hours of sorting through medical bills and identified several deductions I would have missed completely. It even created a complete checklist for all the death-related tax documents I needed to gather. Definitely worth checking out if you're dealing with deceased taxpayer returns.

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4 If you need to contact the IRS about specifics for your situation (which I highly recommend), use Claimyr (https://claimyr.com) to get through to an actual human. I spent WEEKS trying to reach someone at the IRS about my parents' final returns last year and kept getting disconnected or waiting for hours. Claimyr got me connected to an IRS representative in about 20 minutes who walked me through exactly what I needed for filing a deceased couple's return. You can see how it works here: https://youtu.be/_kiP6q8DX5c - basically they navigate the phone tree for you and call when an agent is available. The IRS gave me specific guidance about handling their retirement accounts that saved me from making a costly mistake.

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10 Wait, how does this actually work? Does it just keep calling for you or something? The IRS phone system is absolutely infuriating but I'm skeptical anything can actually get through.

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8 Sounds like a scam honestly. Why would I pay someone else to call the IRS for me? And why would they be any more successful than I would be directly? The IRS systems are broken by design.

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4 It works by using their system to navigate the complex IRS phone tree and constantly redial when there are disconnects. They essentially wait in the queue for you and only call you when they've reached a human representative. I was skeptical too initially. I'm not affiliated with them in any way, just sharing what worked for me. The reason they're more successful is they have algorithms that know exactly when to call for shortest wait times and which menu options work best for specific departments. After wasting 3 days trying myself and getting disconnected repeatedly, the time saved was absolutely worth it to me. You're not paying to talk to the IRS - you're paying to skip the frustrating wait and disconnects.

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8 I need to eat my words and apologize. After my skeptical comment, I was still struggling with my dad's estate tax issues and got desperate enough to try Claimyr. In less than 30 minutes, I was talking to an actual IRS estate & gift tax specialist who answered questions I'd been trying to get answered for MONTHS. The representative confirmed exactly how to handle my situation with multiple brokerage accounts and explained a special procedure for reporting foreign investments on a final return that none of the tax software packages had caught. Would have faced potential penalties without that guidance. I'm shocked to say it actually delivered exactly what it promised.

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9 Don't forget you'll need to file Form 56 (Notice Concerning Fiduciary Relationship) to notify the IRS that you're acting on behalf of the deceased taxpayers. Also make sure you write "DECEASED" and the date of death across the top of the 1040. If you're expecting a refund, you'll also need Form 1310. One thing people often miss - you should check if either of them had any unclaimed tax refunds from previous years. The IRS estimates millions in refunds go unclaimed, and you have a limited time to claim those for their estate.

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5 Do you know if medical expenses paid by the estate after death can still be claimed on the final 1040? I've heard conflicting information about this.

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9 Medical expenses paid within one year after death can be treated as if they were paid at the time of death, so yes, they can be claimed on the final 1040. This is mentioned in IRS Publication 559 (Survivors, Executors, and Administrators). This is especially helpful in situations like yours where there were likely significant medical expenses. Just make sure you have proper documentation for all of these expenses, as the final returns of deceased taxpayers do tend to get extra scrutiny from the IRS.

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19 Has anyone had to deal with retirement accounts for deceased taxpayers? My parents both had IRAs and I'm not sure how to handle the required distributions on their final return.

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14 If they were already taking Required Minimum Distributions (RMDs), you'll need to ensure the RMD for the year of death is taken if it wasn't already. This will be reported as income on their final return. For the accounts themselves, what happens next depends on the beneficiary designations. Different rules apply if the beneficiary is a spouse, non-spouse individual, or an estate/charity.

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I'm so sorry for your loss, Fatima. Dealing with taxes while grieving is incredibly difficult. You're absolutely right that you can still file Married Filing Jointly for 2024 since both spouses died in the same tax year. A few key points that might help: - Write "DECEASED" and their respective death dates at the top of Form 1040 - All income earned up to their dates of death goes on the final return - Medical expenses from their final months can be substantial deductions - make sure to gather all those records - You'll likely need Form 1310 if there's a refund coming - Consider Form 56 to formally notify the IRS you're handling their affairs The pension and investment income will need special attention - any distributions after death may need to go on an estate return (Form 1041) depending on the amounts and beneficiary designations. Given the complexity with two deaths in one year plus retirement accounts, you might want to consult a tax professional who specializes in deceased taxpayer returns. This isn't a common situation and the rules can be tricky. Take care of yourself during this difficult time.

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Thank you so much Sofia, this is really helpful. I'm especially concerned about the pension distributions - my brother had already started receiving his monthly pension before he passed, and there was a payment that came after his death that went into their joint account. Should I be worried about that being taxable to the estate instead of on their final return? And do you have any recommendations for finding a tax professional who actually knows about these deceased taxpayer situations? Most of the ones I've called seem just as confused as I am.

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Hunter, that pension payment received after your brother's death is a great question. Generally, any pension payments received after the date of death would be considered income to the estate, not the deceased taxpayer. However, there can be exceptions depending on how the pension plan is structured and whether it was already "earned" before death. For finding a qualified tax professional, I'd recommend looking for an Enrolled Agent (EA) or CPA who specifically mentions estate and trust taxation experience. You can search the IRS directory of Enrolled Agents at irs.gov, and many will list their specialties. Also try contacting your state's CPA society - they often have referral services and can connect you with practitioners who handle deceased taxpayer situations regularly. The National Association of Enrolled Agents (NAEA) also has a "Find an EA" tool that lets you filter by specialty areas. Look for someone who mentions experience with Form 1041 (estate returns) since they'll understand the interplay between final individual returns and estate taxation. Don't feel bad about the confusion from other preparers - this really isn't something most general practitioners deal with regularly!

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I'm so sorry for your loss. This is such a difficult situation to navigate while you're grieving. You're absolutely correct that you can still file Married Filing Jointly for 2024 even though both spouses passed away in the same tax year. The IRS allows this as long as they were married at the time of the first spouse's death. A few important things to remember: - Write "DECEASED" along with each spouse's date of death across the top of Form 1040 - Report all income they earned up to their respective dates of death - You can still claim all their usual deductions and credits, including those significant medical expenses from their final months - Any income received after the second spouse's death (November) would typically go on an estate return (Form 1041) if you need to open an estate Since you mentioned investments and pensions, be particularly careful about any distributions or payments received after their deaths - these may need special handling. Given the complexity of having both spouses pass in the same year, I'd strongly recommend consulting with a tax professional who has experience with deceased taxpayer returns. You're doing an incredibly caring thing by handling this for them during such a difficult time.

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Thank you Fatima, this is really helpful guidance. I'm curious about something you mentioned - you said any income received after the second spouse's death in November would go on an estate return. But what about income that was earned before death but received after? For example, if they had some freelance work that was completed in October but the payment didn't arrive until December? I'm trying to figure out where exactly to draw that line between the final 1040 and potential estate filings. Also, do you know if there's a minimum threshold before you actually need to file a Form 1041 for the estate? I'm hoping to avoid that complexity if possible since the amounts might be relatively small.

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Yara Haddad

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Great question, Zoe! Income that was earned before death but received after generally still belongs on the final 1040, not the estate return. So that freelance payment for October work would go on their final return even though it arrived in December. The key test is when the income was "earned" or "accrued," not when it was physically received. For Form 1041 thresholds, you generally need to file an estate return if the estate has gross income of $600 or more, OR if there's a nonresident alien beneficiary (regardless of income amount). However, if the total estate assets are small and you're distributing everything quickly to beneficiaries, you might be able to avoid the estate return entirely by ensuring any post-death income goes directly to beneficiaries rather than sitting in estate accounts. The good news is many simple estates with minimal post-death income can avoid the Form 1041 complexity altogether with proper planning. Just make sure to keep detailed records of what income relates to which time period - the IRS likes clear documentation on these timing issues for deceased taxpayer situations.

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