Can my father claim my recently deceased mother as a dependent on his 208 tax return?

The “L” Word: Can my father claim my recently deceased mother as a dependent on his 208 tax return?
My mother recently passed afteer a battle with cancer. She was a dependent of my father since they were married. If she lived for one month in 2008, can my father claim her as a dependent for the entire year or just that month? If just one month, what forms would he have to fill?

Answers and Views:

Answer by ed
Entire year.

Answer by ALFimzadi
I believe this works just like when you have a child that would pass away, unless they died at birth, you get to claim them for the whole year if they died in 2008. I’m not a tax professional though, so your dad may want to talk to a CPA.

Answer by thehazmater
He can claim her on the 2008 tax return but that would be next year, which would be due by April 15, 2009. He can also claim her this tax year too, 2007.

Here is some iformation;
Considered married. You are considered married for the whole year if on the last day of your tax year you and your spouse meet any one of the following tests.
You are married and living together as husband and wife.

You are living together in a common law marriage that is recognized in the state where you now live or in the state where the common law marriage began.

You are married and living apart, but not legally separated under a decree of divorce or separate maintenance.

You are separated under an interlocutory (not final) decree of divorce. For purposes of filing a joint return, you are not considered divorced.

For the form, I would just use turbotax because there could be many different forms depending on; trust, roth, retirement account, property etc. This software cost about $ 30 and is worth the expense.

Hope this helps.

Answer by wartz
Your father can file a joint return with your mother for 2007 and also 2008 unless he remarries before the end of the year. He just indicates that she is deceased.

Answer by travelguruette
She is not claimed as a dependent. Spouses are not dependents. The tax status is whatever marital status as of 12/31. If she dies in 2008 he will file as a qualifying widower next year.

Answer by kathykoul
First your father is about to do his 2007 tax return, not his 2008. He never could have claimed your mother as a “dependent”. She is his spouse and never a dependent. In your fathers case the correct filing status to insure he gets the benefits of your deceased mother is as follows: for his 2007 taxes married filing jointly; for his 2008 taxes married filing jointly; for his 2009 taxes qualifying widower; for his 2010 taxes qualifying widower (assuming he does not remarry in those tax years). On his 2008 taxes (which he will do in 2009) he should write deceased next to your mothers name. He uses all the normal forms he always has. He receives the benefit of married joint for his 2008 return regardless of when during the year she passed. My condolences on your loss.

Answer by Judy
A spouse is never a dependent of their spouse. But he can file a joint return with her for the year when she passed away.