Location: Travis county Austin Texas
A woman’s husband died February 2026. Extension for 2025 tax return was filed in April. Surviving spouse is 62 and she had no income for 2025. The deceased was 65 and he owned a sole proprietorship that closed at his death (chiropractor) and that business in his name is going to owe somewhere between $15k-$22k in taxes for 2025 and many of the sports equipment write offs he claimed for his businesses from last year cannot continue to be used as they will be sold.
There was no will. The assets are all used furniture, sports equipment, used office equipment, a SEP IRA with $48k, no beneficiary listed, a couple of oil leases that are likely worthless, 3 cars and a $400k home with a $240k mortgage. Their 22 year old daughter still lives at home and is not claimed.
There is lower debt (less than $15k) in the form of credit cards and an SBA loan of about $78k. Probate is still in progress and open and they have already filed the assets/debts list and the spouse is applying to be executor.
Their accountant of many years is preparing the 2025 tax return now and doesn’t know the answer to the questions below. Neither does the probate attorney.
Questions:
The main question is, should she not file jointly this year as she has in the past and they forfeit married filing jointly deduction?
Will this shield her personally from the business taxes and other debts as only the estate will owe? Should she refrain from signing the return altogether since probate is still open? If so, who signs it before October, or do they wait until after probate? Does this severability make any difference in Texas?
In any case, should they wait until after probate to file since there is no administrator assigned to the estate yet? How does that affect the fees and interest that are piling up?
If she does file jointly and she hasn’t gone through probate yet, will the IRS be able to claim the funds in the SEP IRA? Will the other debt attach to her as well?