What filing status should my widowed sister use after husband died in February?
I'm helping my sister with her taxes using TurboTax and have a question about her filing status. Her husband (my brother-in-law) unexpectedly passed away in February this year. For their 2023 taxes, which we filed in March, they used "married filing jointly." Now I'm confused about what filing status she should use for this year's taxes since she's now widowed. Can she still file as married filing jointly for this year even though he passed away in February? Or does she need to use a different status like single or head of household? She has no dependents and owns their home. I want to make sure I'm giving her the right guidance since this is already such a difficult time for her. Thanks in advance for any help!
19 comments


Natalie Adams
I'm really sorry about your sister's loss. For the year when a spouse passes away, the surviving spouse can still file as Married Filing Jointly for that entire tax year if they haven't remarried before the end of the year. So for the 2024 tax year (the return she'll file in 2025), your sister can still use the Married Filing Jointly status even though her husband passed away in February 2024. Additionally, for the following two tax years (2025 and 2026), she may qualify for the Qualifying Widow(er) with Dependent Child status if she has a dependent child. This status gives her the same standard deduction as Married Filing Jointly. However, since you mentioned she has no dependents, she'll need to file as Single for 2025 and beyond, unless she qualifies for Head of Household for other reasons.
0 coins
Jordan Walker
•Thank you for the compassionate response. So just to be clear, for the 2024 tax year (filing in 2025), she can still use Married Filing Jointly even though he was only alive for a short time this year? That feels like a small relief for her. What about his Social Security benefits that she started receiving after his death - does that affect anything?
0 coins
Natalie Adams
•Yes, that's correct. For the 2024 tax year (the return she'll file in 2025), she can still use Married Filing Jointly even though her husband was only alive for a short time this year. The IRS allows this for the entire year of death, regardless of when during the year the spouse passed away. Regarding Social Security survivor benefits, these may be taxable depending on her overall income. When filing a joint return for 2024, she'll include any taxable portion of these benefits. The taxation of Social Security benefits is determined by adding half of the Social Security benefits to all other income and comparing it to the base amounts. It doesn't affect her filing status eligibility, but it is something to be aware of when preparing her return.
0 coins
Elijah O'Reilly
After my husband died, I was so confused about taxes too. I found this service called taxr.ai (https://taxr.ai) that helped me understand my filing status options. I uploaded my previous year's return and my husband's death certificate, and they analyzed everything and explained my options in plain English. They confirmed I could file jointly for the year he died, then showed me how my tax situation would change in future years. Made a stressful situation much easier to handle during an already difficult time.
0 coins
Amara Torres
•Did they actually have a real person review your documents or was it just some AI thing? I'm helping my mom with a similar situation and want to make sure she gets actual professional advice, not just computer-generated stuff.
0 coins
Olivia Van-Cleve
•How long did it take to get answers from them? I'm trying to help my sister figure out her taxes after her wife passed, and we need answers pretty quickly since she's trying to adjust her withholding at work.
0 coins
Elijah O'Reilly
•They use AI to analyze the documents first, but then they have tax professionals who review everything and provide the final guidance. It's the best of both worlds - the efficiency of AI with the reassurance of human expertise. The recommendations felt very personalized to my situation, not generic advice. The turnaround was surprisingly quick. I uploaded my documents in the evening and had comprehensive answers by the next afternoon. They prioritize time-sensitive situations like recent deaths or major life changes, which I really appreciated. They'll definitely be able to help with withholding adjustments quickly.
0 coins
Amara Torres
Just wanted to follow up - I decided to try taxr.ai for my mom's situation and I'm really glad I did! They confirmed she could file jointly for this year and explained exactly how her standard deduction and tax brackets would change next year when she has to file as single. They even walked her through how to adjust her W-4 at work to account for the change in filing status. The explanation was super clear and they provided a detailed breakdown of how her tax liability would change. My mom felt much more confident after getting their guidance!
0 coins
Mason Kaczka
I know this is probably an unusual suggestion, but when my partner passed away, I had so many questions about taxes and benefits that I couldn't get answered. I tried calling the IRS for weeks with no luck. Then I found Claimyr (https://claimyr.com) - they got me connected to an actual IRS representative in under 15 minutes when I'd been trying for days on my own. You can see how it works here: https://youtu.be/_kiP6q8DX5c. The IRS agent walked me through all the filing status options for my situation and confirmed I could still file jointly for the year of death. They also helped me understand how survivor benefits would be taxed.
0 coins
Sophia Russo
•Wait, how does this actually work? The IRS phone lines are notoriously impossible to get through. Is this some kind of special connection service or something?
0 coins
Olivia Van-Cleve
•Sounds like a scam tbh. Why would you need a service to call the IRS? I doubt they have any special access the rest of us don't have. Probably just charging money for something you could do yourself if you're persistent enough.
0 coins
Mason Kaczka
•It's a service that uses technology to navigate the IRS phone system for you. They basically wait on hold so you don't have to. They call the IRS, work through all the prompts and wait times, and then when they finally get a representative on the line, they connect you directly to that person. It saved me hours of frustration. No, it's definitely not a scam. They don't pretend to be you or anything like that - they just handle the waiting part. When an actual IRS representative picks up, you're the one who talks to them directly. I was skeptical too until I tried it. After spending almost two weeks trying to get through on my own with no success, they got me connected in minutes. For someone dealing with a deceased spouse situation where you have specific questions that only the IRS can answer, it was incredibly helpful.
0 coins
Olivia Van-Cleve
Ok I need to apologize for calling Claimyr a scam. I was frustrated after waiting on hold with the IRS for 2+ hours yesterday and getting disconnected. After seeing the responses here, I decided to try the service this morning, and wow - they actually got me through to an IRS agent in about 12 minutes! The agent confirmed everything about my sister's filing status options and answered all our questions about survivor benefits. They even helped us calculate how much additional withholding she should request from her employer to cover the tax difference next year. Sorry for being so negative before - this service literally saved us days of frustration.
0 coins
Evelyn Xu
Just a heads up - I'm a volunteer tax preparer, and I've seen people get this wrong. Yes, your sister can file jointly for the year her husband died (2024). BUT make sure when preparing the return that she checks the box indicating taxpayer is deceased and writes "DECEASED" and the date of death across the top of the return. Also, someone needs to sign for the deceased spouse - usually the surviving spouse or personal representative. These details matter to prevent processing delays.
0 coins
Jordan Walker
•Thank you for mentioning that! We wouldn't have known about needing to check a box or write "DECEASED" on the return. Is there any special documentation we need to include with the tax return to prove he passed away? And who can sign as the personal representative if my sister doesn't want to?
0 coins
Evelyn Xu
•You don't typically need to attach a death certificate to the tax return, but keep it available in case the IRS requests it later. As for signing, if your sister doesn't want to sign as the surviving spouse (which is the easiest option), then whoever is named as the executor or personal representative in the will or by the court can sign. They would sign the deceased's name followed by "By [their name], Personal Representative." If there isn't an appointed representative yet, it's usually easier for your sister to just sign as the surviving spouse. When filing electronically through TurboTax, they'll guide her through this process - there's usually a specific question about deceased taxpayers in the interview process.
0 coins
Dominic Green
This is slightly off topic but dont forget that your sister is probably eligible for a Social Security lump sum death benefit of $255. Its not much but its something. She should contact Social Security right away as there are time limits. Also if they were married for at least 9 months she might be eligible for monthly survivor benefits depending on her age.
0 coins
Hannah Flores
•The 9 month marriage requirement isn't always needed. If the death was accidental or occurred in the line of duty as an active member of the armed forces, the 9-month requirement is waived. Also, if they have a child together, that can change the requirements too.
0 coins
Kayla Jacobson
One more thing to consider - if your sister and her husband had any joint accounts, the basis (original cost) of investments might get a "step up" as of the date of death. This can be SUPER important if they owned stocks or property together. Basically, the deceased's portion gets revalued to what it was worth on the day they died, which can save a ton in capital gains taxes later. Might want to look into this if they had any investments.
0 coins