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Dmitri Volkov

How does the IRS handle tax returns for a deceased married couple who both passed away?

I'm dealing with filing taxes for my sister and her husband who both died last year - her in March and him in October 2024. They were married for over 20 years. I've been appointed as the executor of both estates and now I'm trying to figure out their final tax situation. I understand that when one spouse dies, the surviving spouse can still file married filing jointly for that tax year. But I have no idea how it works when both passed away in the same year. Do all the usual credits and deductions still apply? Is there a special filing status I need to use? I've spent hours searching through the IRS website trying to find specific instructions for this situation, but I'm coming up empty. Has anyone dealt with this before or know what the proper process is? This will obviously be their final tax return and I want to make sure I handle it correctly.

I'm so sorry for your loss. I've helped families with this situation before, and I can clarify how this works. When both spouses pass away during the same tax year, you can still file a joint return as "Married Filing Jointly" for that final year. The executor (which sounds like it's you) files on behalf of both deceased taxpayers. The tax return should be labeled "Deceased" next to each spouse's name, with their dates of death. All the regular credits and deductions they would normally qualify for still apply on this final return. You'll report income received before their deaths, along with any income generated from their assets between their death dates and the end of the year. Make sure to write "DECEASED" across the top of the return and include Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer) if there's a refund due. You'll also need to include copies of the court appointment papers that show you're authorized to file on their behalf.

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Thank you so much for the clear explanation. I have a couple follow-up questions. Do I use their home address on the tax forms or my address since I'm filing as the executor? Also, what about things like property they owned that was sold after their deaths - does that go on their final return or somewhere else?

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You should use their last known address on the tax return, not yours. This maintains consistency with their previous tax filings and any correspondence the IRS might send. For property sold after their deaths, that's not reported on their final personal tax return. When someone passes away, their assets generally receive what's called a "step-up in basis" to the fair market value as of the date of death. Any income generated from these assets after death (including property sales) would be reported on a separate tax return called Form 1041, which is an income tax return for the estate itself. The estate becomes its own tax entity with its own tax ID number.

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Does taxr.ai actually connect you with a real tax professional or is it just an AI thing? I'm helping my aunt with her deceased brother's taxes and there are some complicated investments involved.

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I've tried AI tax tools before and was disappointed with the generic advice. How specific does it get with deceased taxpayer situations? Can it handle things like partial-year state tax residency if one spouse died while living in another state?

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It connects you with tax professionals who review your situation after the AI does its initial analysis. So you get both - the convenience of AI analysis with human expertise where needed. The tax pros were super helpful with questions I had about executor responsibilities. For complex situations with multiple state residencies, it definitely handles that. My mom had moved to Arizona to be with my sister before she passed, while my dad remained in their Illinois home. The system walked me through exactly how to handle the split residency situation and partial-year filings for both states.

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If you're having trouble getting answers from the IRS about deceased taxpayer returns, you might want to try Claimyr (https://claimyr.com). I spent WEEKS trying to get through to the IRS when handling my grandparents' final tax returns - both passed within months of each other last year. Claimyr got me connected to an actual IRS agent in about 20 minutes when I'd been trying for days on my own. The agent walked me through exactly how to handle their final joint return, what documentation I needed to include, and answered questions about some pension income that came in after the second death. There's a video showing how it works here: https://youtu.be/_kiP6q8DX5c Dealing with a loved one's final tax return is stressful enough without the added frustration of trying to get basic information from the IRS.

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How does this actually work? The IRS phone lines are notoriously impossible to get through. Are you saying this service somehow jumps the queue?

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Sorry but this sounds like BS. I've never heard of any service that can magically get through to the IRS when their lines are jammed. I tried calling for MONTHS about my mom's estate tax issues. Either you got extremely lucky or this is some kind of scam.

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It doesn't jump the queue exactly. From what I understand, they use an automated system that continually redials and navigates the IRS phone tree until it gets a spot in line, then it calls you when it's about to connect with an agent. You don't have to sit there hitting redial for hours. I was skeptical too until I tried it. The technology is basically handling the frustrating part (constant redialing and waiting) while you go about your day. When I used it, I got a call back about 25 minutes later saying they were connecting me to an IRS representative. Made a huge difference when I had specific questions about handling the retirement account distributions on my grandparents' final return.

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I have to eat my words about Claimyr. After my skeptical comment, I decided to try it anyway out of desperation dealing with my mother's estate taxes. I was absolutely shocked when I actually got through to an IRS representative in about 35 minutes. For context, I had been trying for literally 3 months to get someone on the phone about how to handle some complicated foreign investments in my mom's final return. The IRS agent I spoke with was able to confirm exactly how to report the foreign tax credits on her final return and clarified that I needed to file Form 706 separately from the final 1040. This was information I couldn't find clearly explained anywhere online and would have potentially caused major issues down the road. I've now got written notes from the conversation and feel 100% more confident about handling her final tax filing correctly.

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Don't forget that if either of your in-laws received Social Security benefits during 2024 (before they passed), you'll need to report that on their final return. The taxation rules for Social Security still apply even if it's a partial year. Also, make sure to check if either of them had any required minimum distributions from retirement accounts that weren't taken before they passed. There are special rules about this for deceased taxpayers.

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Thanks for bringing that up. They both were receiving Social Security and had IRAs. Do I need to report the RMDs as income even if they passed before taking them for the year? I know the withdrawal requirements change when someone dies but I'm not sure how to handle it on the tax return.

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If they passed before taking their RMDs for 2024, the requirement still applies, but it works differently. For the person who died, their required distribution for the year of death must still be taken, but it's based on the distribution schedule they were already on. The beneficiaries of the IRAs are responsible for withdrawing these final RMDs if they weren't taken before death. These distributions would be reported as income on the beneficiary's tax return, not on the final return of your in-laws. The income essentially shifts to whoever inherited the accounts.

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Has anyone used TurboTax for filing a final return for deceased taxpayers? Do they have good guidance for this situation or should I look at other software?

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I used TurboTax last year for my dad's final return and it worked fine, but it didn't have specific guidance for deceased taxpayers. I had to know what I was doing already. H&R Block's premium version actually has a specific interview section for deceased taxpayer returns that walks you through it step by step.

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I'm really sorry for your loss, Dmitri. This is such a difficult situation to navigate while you're grieving. From my experience as a tax preparer, you're absolutely right that you can file married filing jointly for their final return since they were married at the time of death. Here are a few additional things to keep in mind: 1. Make sure to get a federal tax ID number (EIN) for each estate if you haven't already - you'll need these for any estate tax returns or if the estates generate income after death. 2. Check if they had any estimated tax payments due for 2024. As executor, you'll need to make those payments to avoid penalties on their final return. 3. Don't forget about state taxes - you'll likely need to file final state returns as well, and some states have different rules for deceased taxpayers. 4. If they had any joint bank accounts or investment accounts, make sure you understand which income gets reported on their final personal return versus potential estate returns. The IRS Publication 559 has detailed guidance on tax issues for survivors, decedents, and estates. It's dense reading but covers scenarios exactly like yours. You're doing the right thing by being thorough about this.

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Thank you so much for the detailed guidance, Dmitry. I hadn't thought about the estimated tax payments - that's a great point. They usually made quarterly payments so I should check if Q4 2024 was paid before they passed. One question about the EIN numbers - do I need separate EINs for each spouse's estate even though they were married? And when you mention "estate income," does that include things like interest that accrued on their bank accounts between their deaths and when I closed the accounts? I'll definitely get Publication 559. The IRS website can be overwhelming when you're trying to find specific guidance, so having a comprehensive resource will be really helpful.

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