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The SECURE 2 rule only breaks controlled groups between spouses where the controlled group exists solely because of a minor child, or community property laws. The spousal noninvolvement test remains otherwise unaffected. So if they want to continue to have a controlled group (it sounds like they might) then all they have to do is find a way to break the spousal noninvolvement rule; for example, they could participate in the management of each other's businesses, or they could give each other options to buy stock in each other's company.

Can be paid out concurrently but in two portions - RMD not RO-eligible and not subject to 20% w/h, and then a RO-eligible LS which is subject to 20% w/h to the extent not rolled over, either to another plan (401k as you mention) or IRA.

Since this thread is 20 years old, one can only hope that it has been resolved by now...

Plan document may also spell out some finer points regarding how the measurement period is defined, at least in terms of whether there's "discretion" for the employer in how it will set its hours-counting procedures (specific to the crossing-plan-years topic)

In addition to what everyone else has been saying, before beginning to do any work for them, I would also ask for as much of your anticipated fee for this to be paid up front. If this goes South, the doc will be looking to point the finger at you and developing a convenient memory of what was said and by whom, and use that as a basis for not paying you. In addition, as the sole fiduciary, he may well end up being personally liable for any shortfall resulting from a massive loss, in which case, you would need to get in line with everyone else who wants to get paid. If the doc does not agree, do not do the work, dismiss the client and sit back and watch the fireworks! You will be glad you followed these steps and possibly financially ahead of the game.