Q: Can I file my dads tax returns if he passed away last year oct? How does this process work?
He is currently married to his wife in which her and I are in very bad term due to her infidelity. How can i go about this potentially without her?
A: Whoever is the estate fiduciary can file the return. The refund, if any, goes to the estate. The first $50,000 of any estate (unless there is a will) goes to the spouse. Thus, you need to determine if there is anything in it for you, if an estate is worth commencing, and if a return should be filed under those circumstances.
A: Wait; what? If your dad is "currently married to his wife" then someone needs to tell her that "he passed away last year Occt." Yes, I know: Those are YOUR EXACT WORDS bud.
D. Mathew Blackburn agrees with this answer
1 user found this answer helpful
I'm with Bruce.
First we need to establish some basic facts and clean up the question.
Second, I would look for a probate attorney before you try to edge out the surviving spouse.
Like her or not that's usually a bad idea.
Find a NY probate attorney that can tell you what you can and can't do before you do something you regret.
Best of luck.
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