Indianapolis, IN asked in Tax Law for Indiana

Q: My daughter was killed in MVA 10/3/23, granddaughter is 3, dad isnt in pic, how do I file her taxes

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1 Lawyer Answer
James L. Arrasmith
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  • Tax Law Lawyer
  • Sacramento, CA

A: I'm truly sorry to hear about your loss. In terms of filing taxes for your granddaughter, there are a few key points to consider. First, if you have legally adopted your granddaughter or are her legal guardian, you may be able to claim her as a dependent on your tax return. This depends on whether you provide more than half of her financial support and meet other IRS criteria for dependents.

Since the father is not in the picture, if no one else can legally claim her as a dependent, this strengthens the likelihood that you can claim her. When preparing your tax return, you would include her as a dependent in the same way you would for a child, which could qualify you for certain tax benefits, such as the Child Tax Credit.

However, every situation is unique, and tax laws can be complex, especially in situations involving dependents and guardianship. It would be wise to consult with a tax professional or an attorney who has experience in family and tax law. They can provide specific advice tailored to your circumstances and ensure that your tax filings are accurate and comply with all relevant laws. Remember, taking this step can help avoid complications or questions from the IRS later on.

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