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I have a tax question regarding a deceased husband from 2007. Should I file his income taxes? I know, i didn't do it then.

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my husband passed away in 2007 and we did not live together. We have one son who is now sixteen. When I filed my taxes I did not know that I needed to file his also. He would have been due a refund that year, but I thought since he was deceased there wasn't a need. A friend of mine was telling me recently that it could create a problem for my son in the future and if there is a refund due that I should get that for my son (who is now driving and in advanced college placement classes). I feel like it is too late. Would this be correct?

3 Attorney Answers

Best Answer
The general rule is that you have three years from the date the tax return was due to file a claim for a refund due. If you don't do so in that mount of time the you lose the opportunity to get the refund. There are other reasons to still file the return but I'm suspecting it's too late to get the refund. You may want to review your specific situation with a local tax attorney to cover all the issues.
Good luck.
Best Answer
As Mr. Nielson correctly noted, the statute of limitations to obtain a refund or credit for the 2007 year has expired (the later of two years after taxes were paid, or three years after the return was due, including extensions). Unless you paid taxes for 2007 within the last 2 years, the due date to file an amended return and obtain a refund was 4/15/11, or 10/15/11 if extended.
Best Answer
Based on facts and as indicated by prior answers, it appears it is too late to file and claim a refund.

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