A lady came in whose husband died in 2019. Started a joint return but noticed Cancellation of Debt, 1099-C for credit cards in late husband,s name. Probably NOT insolvent. Could she file Sep for herself and let IRS try to collect from deceased? Maybe Injured spouse? I realize this might be difficult to answer w no actual numbers.
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She would have to file his return and pay any debt due anyway, so why not just file it MFJ?
Chris -
Three questions. 1) whose debt was it? 2) is she in a community property state? 3) was the debt cancelled before or after the date of death? There may be options, depending on the answers.
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And, did she receive his assets at death? Were they more than the COD? You may have to provide numbers...Comment
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