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04/19/2013 at 09:23AM PDT
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peterhawaii
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peterhawaii
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09/30/11 2:00pm PDT
Viewed by asker 09/30/11 2:51pm PDT

Single spouse, with husband died 14 months earlier qualify 500,000 exemption. Did you know qualifies for 500,000 excl?

ProSeries

Sale of home by widower spouse died 14 months earlier. Does wife filing single qualify for 500,000 exemption.

I talked to ProSeries suport 1-800-3747317 and the answer was yes qualifies for 500,000 exclusion.  I am not so sure especially because of question 14. But am getting more and more confident that widow filing single does qualify for 500,000 exclusion given the circumstances of husband dying 14 months before sale of home.

Home Sale Worksheet question 11 refers to if married at any time.  It does not refer to present day filing status of single because husband died 14 months earlier.  Answer yes.

Home Sale Worksheet question 13 if married is also answered for same reason as question 11.  Answer is no because no gain was previously excluded before the sale of the home.

Home Sale Worksheet 14 "Did you (or your spouse if filing a joint return) own and use the property as your main home for a total of at least two years of the 5 year period before the sale?  See instructions for exceptions."  Answer is yes.

Home Sale Worksheet question 16 is checked because question states "Check if you are a widow(er) who has not remaried, AND the homesale was within 2 years of your spouses death AND your spouse qualified for the exclusion immediately before their death.

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sjrcpa
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sjrcpa
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09/30/11 2:05pm PDT
The solution

If wife meets all of those time requirements, yes she is eligible for up to a $500,000 exclusion.

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09/30/11 2:08pm PDT

I agree with Susan.

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09/30/11 4:10pm PDT
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The law was changed 2 years ago to allow such a situation. As long as the decedent qualfied before he died and the sale is within 24 months of his death, the widow can claim his exclusion, too.

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