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Restating document - Sole Proprietor is deceased


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Guest taj32z
Posted

I have a plan where the Sole Proprietor died. I am restating the document for GUST & EGTRRA. Who can sign the document as the "Employer"?

Thanks.

Guest Patrick Foley
Posted

The sole proprietor's executor should have the authority, as part of winding up the decedent's affairs. If the decedent has beneficiaries other than his/her spouse, so there's no rollover opportunity, the continued maintenance of the plan to prevent forced distributions can be a problem. But for the GUST restatement, since it's retroactive, the executor's authority ought to suffice.

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