Q: My father passed away last year and he is married to his wife who iam not in great terms with because of her infidelity.
Can I file his taxes or should I leave it alone? Is it legal for me to do it since he is married. He never gave consent for any specific individual to file taxes as we were in the process of doing so while he was diagnosed with cancer. Rapid divorce was not as rapid as his diagnosis unfortunately we were unsuccessful in getting the two divorced. is there anything I can do ? Should I still file his taxes?
A: Only his estate representative can file his taxes. The wife is due the first $50,000 of his estate unless he had a will, so unless the refund is more and there are other assets, there is no need to do it.
Lawrence Allen Weinreich agrees with this answer
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