My husband passed away (we have been separated for years) How can I get a copy of his last tax returns?

Asked over 1 year ago - Walnut Creek, CA

Hello I have been married for over 20 years to a man who owned a business. He died in late Dec. 2012. I would like to possibly file for survivors benefits. I have our Marriage certificate & his Death certificate but need to get a copy of his last tax return. Can someone please tell me how to go about getting a copy of his tax return. I have not contact with any of his family so not sure how to go about getting any legal documents regarding taxes?

Additional information

I would like to add that on the death certificate it states that my husband is divorced. He was married prior to our marriage but we are still legally married.

Attorney answers (3)

  1. Charles Adam Shultz

    Contributor Level 19


    Lawyers agree

    Answered . Who provided the information for the death certificate? You will want to have that changed? Contact whoever prepared the death certificate.

    Did you husband leave a Will? If not, you have priority to serve as his administrator. If the Tax returns were filed married filing separately, you need to be appointed as his administrator to have the right to get his tax records.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  2. Theodore Michael Hankin


    Contributor Level 11


    Lawyers agree


    Answered . If you are appointed as a personal representative by a probate court, you can request a transcript of his tax return using a form 4506-T

  3. Henry Daniel Lively

    Contributor Level 20


    Lawyers agree

    Answered . If he filed as Married Filing Separately you cannot get a copy unless you are the executor of the estate. This is private financial information.

    H. Daniel Lively, Esq., LL.M., CPA Certified Tax Specialist, CA Board of Legal Specialization dlively@... more

Related Topics

Small business taxes

Small business taxes include state and federal income taxes and employment taxes, self-employment taxes, and excise taxes.

Small business income tax

Filing an income tax return is required for all businesses except partnerships, which file an information return instead.

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