Can I Claim a Charitable Donation on my Income Taxes if the Items Donated were my Deceased Parent’s?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“My mother and mother-in-law both passed away in 2007. My wife and I donated a lot of their clothing and household items to charities. Can we claim the charitable donations on our taxes if none of our siblings claim the donations? We are filing jointly.”

Question: Did the clothing belong to you? I.e., did you inherit it, or otherwise take possession of it legally and ethically? If so, and if nobody else is going to take it, then yes, you can likely take the deduction, so long as you have a receipt from the charity to substantiate your claim.