Change filing status?

#6 09-29-2003, 05:37 AM

D. Stussy wrote:
- quote -

> Harlan Lunsford wrote:
> > D. Stussy wrote:
> > > Chuck wrote:

> > > > Here's the situation:
> > > > A couple has been filing MFS for at least 6 or 7 years.
> > > > He's living down south, she lives up north.
> > > > She files her return (MFS again) in April of 2003 for 2002.
> > > > He dies in August of 2002.
> > > > His final return (no estate involved) is due now. Can she
> > > > amend her 2002 return (more favorable) to file MFJ, sign her
> > > > own name of course, and, as Surviving Spouse, sign his name?

> > > No, unless she was named as the executor of his estate.

> > Since there was no estate involved (presumably no assets requiring
> > even a court appointed administrator), then as I recall spouse has
> > right to file the joint return.

> Careful: If there's a will, there's an estate (it may have
> no value, but it exists). If there's no will, then there's
> state law which addresses whether or not a CAA is needed.

AGree certainly, IF there's a will. She indicated no
estate, meaning not even a will. OR; and this happens more
frequently than we know, no will was produced. I'll leave
the whys and wherefores to your imagination!

C$,
HL

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#5 09-28-2003, 12:22 PM

Harlan Lunsford wrote:
- quote -

> D. Stussy wrote:
> > Chuck wrote:

> > > Here's the situation:
> > > A couple has been filing MFS for at least 6 or 7 years.
> > > He's living down south, she lives up north.
> > > She files her return (MFS again) in April of 2003 for 2002.
> > > He dies in August of 2002.
> > > His final return (no estate involved) is due now. Can she
> > > amend her 2002 return (more favorable) to file MFJ, sign her
> > > own name of course, and, as Surviving Spouse, sign his name?

> > No, unless she was named as the executor of his estate.

> Since there was no estate involved (presumably no assets requiring
> even a court appointed administrator), then as I recall spouse has
> right to file the joint return.

Careful: If there's a will, there's an estate (it may have
no value, but it exists). If there's no will, then there's
state law which addresses whether or not a CAA is needed.

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#4 09-25-2003, 04:54 AM

D. Stussy wrote:
- quote -

> Chuck wrote:

> > Here's the situation:
> > A couple has been filing MFS for at least 6 or 7 years.
> > He's living down south, she lives up north.
> > She files her return (MFS again) in April of 2003 for 2002.
> > He dies in August of 2002.
> > His final return (no estate involved) is due now. Can she
> > amend her 2002 return (more favorable) to file MFJ, sign her
> > own name of course, and, as Surviving Spouse, sign his name?

> No, unless she was named as the executor of his estate.

Since there was no estate involved (presumably no assets requiring
even a court appointed administrator), then as I recall spouse has
right to file the joint return.

Cheer$,
Harlan Lunsford, EA in LA

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#3 09-25-2003, 04:35 AM

kingfish02375[at]yahoo.com (Chuck) wrote:

- quote -

> Here's the situation:
> A couple has been filing MFS for at least 6 or 7 years.
> He's living down south, she lives up north.
> She files her return (MFS again) in April of 2003 for 2002.
> He dies in August of 2002.
> His final return (no estate involved) is due now. Can she
> amend her 2002 return (more favorable) to file MFJ, sign her
> own name of course, and, as Surviving Spouse, sign his name?

Yes she can amend. No she can't sign as you stated. She
signs her own signature and enters the words "Filing As
Surviving Spouse" after her signature. Finally, if someone
other than she is the personal representative of the
deceased, that person must sign the joint return.

Alan
http://taxtopics.net

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#2 09-25-2003, 04:16 AM

kingfish02375[at]yahoo.com (Chuck) wrote:

- quote -

> Here's the situation:
> A couple has been filing MFS for at least 6 or 7 years.
> He's living down south, she lives up north.
> She files her return (MFS again) in April of 2003 for 2002.
> He dies in August of 2002.
> His final return (no estate involved) is due now. Can she
> amend her 2002 return (more favorable) to file MFJ, sign her
> own name of course, and, as Surviving Spouse, sign his name?

You can amend a return from MFS to MFJ, but not vice-versa.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

#1 09-23-2003, 10:48 AM

Chuck wrote:

- quote -

> Here's the situation:
> A couple has been filing MFS for at least 6 or 7 years.
> He's living down south, she lives up north.
> She files her return (MFS again) in April of 2003 for 2002.
> He dies in August of 2002.
> His final return (no estate involved) is due now. Can she
> amend her 2002 return (more favorable) to file MFJ, sign her
> own name of course, and, as Surviving Spouse, sign his name?

No, unless she was named as the executor of his estate.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

09-23-2003, 10:48 AM

Chuck <kingfish02375[at]yahoo.com> wrote:

- quote -

> Here's the situation:
> A couple has been filing MFS for at least 6 or 7 years.
> He's living down south, she lives up north.
> She files her return (MFS again) in April of 2003 for 2002.
> He dies in August of 2002.
> His final return (no estate involved) is due now. Can she
> amend her 2002 return (more favorable) to file MFJ, sign her
> own name of course, and, as Surviving Spouse, sign his name?

Assuming no other executor or personal representative, I see
no reason why she cannot amend.

__
Art Kamlet ArtKamlet [at] AOL.com Columbus OH K2PZH

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#-1 09-23-2003, 04:21 AM

Here's the situation:
A couple has been filing MFS for at least 6 or 7 years.
He's living down south, she lives up north.
She files her return (MFS again) in April of 2003 for 2002.
He dies in August of 2002.
His final return (no estate involved) is due now. Can she
amend her 2002 return (more favorable) to file MFJ, sign her
own name of course, and, as Surviving Spouse, sign his name?

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

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