I have a client who has been separated from her husband for several years. She has filed married filing separately. Her spouse passed away in January. She was the beneficiary of his IRA, but he has no other assets other than their jointly owned (with rights of survivorship) home. She has his tax forms to file his 2016 tax return, but he had little withholding and will owe. If she files a joint return, the final amount owed is less, but it's still hefty. Is she responsible for paying his tax bill? Can the IRS put a claim to his half of the house to pay the bill? There is nothing else in the estate. I am not sure how to tell her to file for 2016, nor what to do with his taxes. Any guidance would be appreciated.
-
-
If she files jointly, she will be responsible for the tax. My advice is to file MFS. The house passed to her as JTWROS and they cannot put a lien on it for his MFS liability. -
She can't file joint if she didn't live with him.Believe nothing you have not personally researched and verified.Comment
-
thanks for the responses...Comment
Comment