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It depends. If the person you are trying to claim meets the qualifying requirements of a qualifying child or a qualifying relative, then you can claim them as a dependent. Below you will find the basic qualifiers:
To determine if the individual is your qualifying child, the following questions must be true:
If the individual doesn’t qualify as your qualifying child, you may be able to claim them as your qualifying relative. The following questions must be true:
Please review the TurboTax Help article Who can I claim as my dependent?
If they are filing a joint tax return you cannot claim them. Or if either of them had more than $5050 of income in 2024--not counting Social Security---you cannot claim them. You mention that FIL has a retirement account---money he takes from that account counts toward the $5050 limit.
IRS interview to help determine who can be claimed:
https://www.irs.gov/help/ita/who-can-i-claim-as-a-dependent
Qualifying relative
When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them. There may be other tax benefits you can get when you claim a dependent.
Related Information:
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