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Transactions ON the day of your husband's death are included in his final return (1040). If the 2004 1040 is to be a joint return, it will include his transactions through and including 11/19/04, as well as your transactions for the entire year.

What time of day he died makes no difference.

I would guess that the living trust operated under the grantor trust rules up to and including that date, and you probably didn't even file a 1041 previously; Starting with 11/20/04, the living trust probably became a "real trust", or a real taxapyer, or "went live", being required to file its own returns. It sounds like it was partitioned into a marital trust and bypass (credit shelter)trust at that point.

This is fairly basic stuff; is the problem that your lawyer and accountant aren't talking?

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