How to sign a return where husband died during the tax year, no estate was opened for husband, and wife is mentally incompetent?

Forum|Forum|4 months ago
March 6, 2026
2 replies
11 views

I have a couple where the husband passed on in 2025 and the wife is in a memory care facility. The wife's finances are handled under a POA by her son in-law, and she is not competent to sign an income tax return. No estate has been opened for the husband because everything passed to the surviving spouse via title and not via probate/Last Will & Testament.

I have never come across this situation. Having the surviving spouse sign the return for the decedent is pretty straight forward when the surviving spouse is mentally competent.

Any advice would be greatly appreciated.

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Just-Lisa-Now-

Intuit Community Champion

sounds like POA signs for the surviving spouse....am I reading that right?

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪

F

fabsromanAuthor

Level 2

That is what I am leaning toward, but there is nothing definitive that I have found in my 10 minutes of time spent searching on this topic via Google.

I was hoping that somebody has already gone through this and can state with certainty that the POA for the surviving wife signs for the wife and for the wife as the surviving spouse, with the IRS accepting the pdf of the POA for the wife.