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What if the mother, custodial parent, claimed our son on her 2020 tax return but has since died. Now, I have sole custody of our son. Please help...

Forum|Forum|4 years ago
June 27, 2021
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We were never married but not separated. I paid child support yet they began living with me most of 2020. I never argued about the dependent claim because she was the custodial parent and she helped me with my son. See my biggest worry is, my girlfriend's mother has all her banking cards, including the one that will likely be receiving the credits. If she gets those advances, doesn't that mean if were to claim it in 2021, I'd be responsible for the overpayment. There is no way the in-law will do the right thing.

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Best answer by SteamTrain

No Sir. The portal and the Non-filers Portal are operational on www.irs.gov. The update portal will have more options and abilities added throughout the year. Ive not heard of any app in the making.

Not sure if you will be able to sign up for the early payments....that's all a mess right now.

BUT....since you two were not married, you were probably filing your own taxes as "Single" all along (Correct?).....and she was filing her own tax returns all along.

So ......if the advance child credit payments go in to her accounts under her mother's control, you would likely not be responsible for re-paying them since they are not connected to you. Those repayments would have to be dealt with by whoever handles her estate and her final tax return for 2021. (Not sure if the IRS is coordinating SS# death records or not when sending out those advance payments)

IF you can claim as a dependent your son for 2021, and aren't able to get those advance payments set up for yourself for the next 6 months, then you would still be able to claim the payment on your final tax return for 2021 when you file in early 2022.

M

Mike9241

apparently, you are now the custodial parent so you can claim your son and file as head of household in 2021

you can claim him as a qualifying child if all these tests are met
• he has the same principal abode as you for more than ½ the tax year. Temporary absences like for school are ignored
• if he is not a full-time student, he's under 19 at the end of the tax year. If a full-time student, he's under 24 at the end of the tax year.
• he hasn't provided over ½ his own support
• he didn't file a joint return unless there was no tax liability but merely filing jointly to facilitate refund of taxes withheld or estimates paid

or you can claim him as a qualifying relative if all these tests are met
• his gross income for 2021 is less than $4,300
• you provided over ½ his support

Joeyscott12144Author

I understand that I can claim him on 2021's taxes. My question is what, if anything, can I do to receive the advance credit for 2020. She Will not be able to receive the advance; which means neither will our son.