IRA Contribution by a surviving spouse

Dear Mr Slott

My client passed away in 2009. He had earned income of $71,000. He made no 401k or IRA contributions. He had a retirement income of about $37,000. His wife earned $45,000 of 1099 income. She has made a $6,000 IRA contribution.

Can his wife contribute to an IRA because of his 2009 income? Does his death in 2009 preclude this?

Thank you,
Marshall



If the surviving spouse’s 1099 income is NOT earned income, she can use her husband’s 2009 earned income to fund a spousal contribution for herself. However, if you are asking whether she can make another IRA contribution for him, that cannot be done since it is not allowed for a decedent.



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