The Bankruptcy Estate. As a beneficiary, if the trustee is not distributing your inheritance and not communicating with you as to why, it is essential that you take immediate action. The longer your put off getting help from an attorney, the more likely the trust assets will be harmed. One of the most important functions of the trustee is distributing the trust assets according to the wishes of the creator of the trust (trustor) as set forth in the trust agreement. Estate’s held in a bona fide trust. There are a number of reasons a trustee won’t make a distribution. Internet service by Mark Bidwell for Successor Trustees to obtain legal advice and documents to meet their legal obligations to the beneficiaries and creditors of trusts. (The will & trust both say the same thing.) One of the most common, however, is that the trustee simply does not understand what is required by the trust. How do you know if, and when, suing a Trustee of a trust is the best option? Part of it won’t end up with a former spouse of one of your children. When you discover you have been named the beneficiary of a loved one’s estate, you may be anxious to receive your distribution. Show More. References. In many cases, the executor will transfer the estate's assets (assets notheld in the name of the trust) to the trust, where they become your responsibility. Grandchildren of deceased grandparent have been waiting for uncle to distribute trust assets for 2 1/2 years. Under New Jersey law and administrative rules, a trust is not required to obtain a waiver to transfer legal ownership of trust assets following the death of the trust maker. There are a variety of reasons a trustee is not making distributions to the beneficiaries. 25 or 30). Any estate situation is eased with proper planning, ideally involving an outside professional — whether a banker, financial planner or lawyer — to help outline, mediate and document a family's wishes.A third-party expert is that rational person in the room who doesn't have a dog in the fight. Why Might a Trust Be Used to Distribute Assets? More accurately, their trustee won’t give them any part of their inheritance. can be much harder. What can I do legally to see to it that the deceased wishes are carried out? In extreme cases, the trustee is refusing to make distributions because they are trying to hide their own wrongdoing. If you aren't serving as both executor of the estate and trustee of the trust, stay in close touch with the executor during these first few months. Please remember that this advice is just a guideline, and that probate laws vary from state to state. After the individuals died, the rest of the family discovered that the title to the property had been wrongfully transferred, sold and funds diverted to other persons. There are a number of reasons a trustee won't make a distribution. By not making distributions, they might be concealing their mismanagement of the trust or wrongful taking of trust assets. In extreme cases, the trustee is refusing to make distributions because they are trying to hide their own wrongdoing. If there are assets that are not in the Trust, then those assets would be distributed either in accordance with a valid will or if the will does not specify or is otherwise invalid, then to the heirs at law. If a trustee distributes the property through a trust. An executor has a duty to settle the affairs of the estate and to distribute it in accordance with the terms of the will. Revocable living trusts hold title to assets in the name of the trustee. It can help in determining whether there will be a penalty or not. Pass insurance type benefits to named beneficiaries. Another reason you may not be receiving your distributions is that there are problems involving property or issues in administration of the trust. In the state of Indiana, can we get a partial or full distribution while waiting for the trustee to get the info to … Grantor: The grantor is the person who is creating the trust as a way to distribute their assets when they die. They include the grantor, trustee, beneficiary, and attorney. The trustee cannot distribute any assets or income from the trust until the survivorship period passes. By: bruce. In most cases, however, the Trustee should be able to distribute most Trust assets to you even while retaining a reasonable reserve. Regardless of why the trustee is not giving you your inheritance, it is important to take immediate action. A common problem in many estates is the executor’s failure to promptly settle an estate or make distributions to the beneficiaries. | Site by SEO Praxis Riverside, 525 B Street, Suite 1500, San Diego, CA 92101, The Insider's Guide to California Probate and Trust Administration. 25 or 30). If all you need to do is collect the trust assets, pay the settlor's debts, and distribute what's left to the beneficiaries, you won't need to track income and expenses for very long -- probably three to six months, tops. Sep 19, 2019 - What are beneficiary options if a trustee won't distribute assets? Both roles involve duties that are legally required. Finally, once the post-death administration is complete, the trustee will distribute the trust assets to individual beneficiaries or perhaps to trusts that continue over time. Sometimes a trustee doesn't make the distribution because they're just plain lazy. The trustee acts as the legal owner of trust assets, and is responsible for handling any of the assets held in trust, tax filings for the trust, and distributing the assets according to the terms of the trust. Here are his options: File for removal of trustee. If a single person is listed as the beneficiary of the contents of the trust, for example, the successor trustee simply transfers ownership of all assets to the sole beneficiary. How to distribute trust assets starts with a trustee familiarizing themselves with the property, taking an inventory, and contacting all of the beneficiaries listed in the will. Some trusts say the trustee cannot distribute the assets for a certain number of years, or until the death of someone else. Other times the trustee is simply being lazy or is refusing to make the necessary distributions because they don t want to give up control. Now it’s too late to do anything! More accurately, their trustee won’t give them any part of their inheritance. Every case is different but the one piece of advice I give to every beneficiary who calls me saying they can't get their inheritance is don't wait, do something about it now! Phone: 801-438-8698 If you are in this category and raising a blended family, you need to know how to protect your family and your assets. The Beneficiary is entitled to a Trust Accounting while maintaining their actions as “reasonable,” i.e., giving reasonable time to the Trustee(s) to act per the Trust vehicle. My Trustee Won’t Give Me My Inheritance. But, what happens if the trustee is not making this distribution because they’ve gone and used these assets themselves. Mom and Dad have both passed. Dennis M. Astill PC Law Firm Question: Trustee won't distribute funds from the trust, won't even return calls. File to obtain a trust accounting. Many people choose to be their own trustee and continue to manage their affairs for as long as they are able. When the wife died, the trust filed $6.2 million in estate taxes, leaving it with $6.5 million, including $3.2 million in liquid reserves. If you are the Trustee though, you continue to control those assets so the protection typically afforded assets held in an irrevocable living trust would disappear. Sandy, UT 84047 Write a letter with two recipients on the top line, like this Managing Partner: Address Lawyer Address Dear (Name of Lawyer) I am writing regarding trust number X. However, in some cases, a trustee and beneficiary may not see eye to eye, and a trustee may ask whether he or she may refuse to distribute the assets in the trust. ... Robert F. Morris is a member of the Trusts & Estates Group of Stark & Stark. Most states impose a fiduciary duty on the trustee to not deplete funds in the estate. As soon as you take over as successor trustee—typically, after the person who created the trust (the settlor) has died—let the beneficiaries know. - PR12229561 As trustee, you are responsible for the trust's assets. Married couples are often co-trustees, so that when one dies or becomes incapacitated, the surviving spouse can continue to handle their finances with no other actions or steps The longer the trustee sits on the estate without doing anything the more the estate's assets are depleted, so after a period of time (again, there's no specific time period) of asset depletion you could go to court to force the trustee to distribute the estate. Even if the parties disagreed as to how much money should be kept for future tax liability, the trustees could distribute at least $1 million in available liquid assets, and yet declined to do so. You can ask for the executor to be replaced and/or ask the court to demand that the executor distribute the remaining assets of the estate. that usually gets a lawyer's attention. Trustee will not distribute funds to beneficiaries. The estate will undoubtedly contain remaining assets, such as household goods, tools, and the like. By failing to distribute trust assets, the trustee can conceal the mismanagement or wrongful taking of trust assets. 4. Probably the most common reason is the trustee doesn't understand the trust. You won't even have to file a trust tax return unless the trust assets generate more than $600 in income. A typical “minor’s trust” places the assets in a trustee’s care, and gives the trustee sole discretion to distribute the assets for a child’s health, education, maintenance and support until such child attains certain specified ages (i.e. The information provided below is a basic outline of the distribution process to help you prepare for your … My Aunt became soul trustee of my grandmothers estate once my mother passed. The court may discharge an executor or trustee for not obeying a court order, like filing an accounting or an inventory of estate assets. Maybe it’s the heat but in the last two weeks it seems like I’ve gotten a steady stream of calls from people who are having trouble getting their trustee’s to make a distribution to them. Mr. A TOD deed, like a TOD investment account, names a beneficiary who will take title to the real property upon the decedent's death. Trust documents are confusing and figuring out the appropriate steps to take as the trustee can take time. A typical “minor’s trust” places the assets in a trustee’s care, and gives the trustee sole discretion to distribute the assets for a child’s health, education, maintenance and support until such child attains certain specified ages (i.e. She has not distributed assets as outlined in the trust/will. Posted in Trusts & Estates. Beneficiaries can be whoever you like, but most often it’s friends or family who you believe should get your assets … Read more. In that case, you will get a judgment, which you can have the sheriff execute by going to his office and starting to cart the computers and furniture away. When you are serving as executor, it may seem like you have to do everything all at once. Here's an outline of what you're going to have to do, even for a simple trust: 1. get death certificates 2. find and file the will with the local probate court 3. notify the Soc… Easy Asset Distribution Sometimes, distributing the trust's assets is simple. Request Consultation. Does a trust mandate certain distributions ("All income earned each year is to be paid to my wife, Nancy") or does it leave this to the trustee's discretion ("My trustee shall distribute such income as she believes is necessary for the education and support of my son, Alan, until he reaches age 25")? Ask Your Own Estate Law Question. You need to know what the executor is doing and why. By Robert F. Morris on April 24, 2020. Even though it's their job they still don't make distributions even when the trust calls for those distributions. We specialize in wills, trusts, estate planning, and asset protection. January 9, 2019 - Estate Litigation, Trust Litigation, At times I think that we at Hackard Law have a bird’s-eye view of California trust litigation. If the trust is incompetent, negligent or acting intentionally, we can help you seek to remove the trustee or take other actions to ensure you get the inheritance you deserve. Some trusts say the trustee cannot distribute the assets for a certain number of years, or until the death of someone else. If the decedent recorded a TOD deed. The job of executor and trustee is a lot of responsibility. Help! In simple terms, you (the person who goes bankrupt) and the creditors (the companies you owe money to) both “win” and “lose” in a bankruptcy. Some trustees won’t make distributions because they’ve done something wrong and they’re hoping to cover it up by not making the distribution. Was there theft from the estate before inventory? FreeAdvice®, formerly a unit of Advice Company™, is now a trademark and unit of 360Quote LLC. Trustee: The trustee is an individual assigned to manage and distribute the assets in the trust once the grantor dies. Why Am I Being Denied My Rightful Inheritance. If that doesn't shake loose the trust assets, nothing will. The exact length of this period appears in the trust document, but it is usually 30 days. The executor or trustee may also be removed if, for example, the person is found to have committed embezzlement, waste, misappropriation, is incapacitated, or neglects or refuses to perform the required duties of the office. A trustee is a party who administers the assets of a trust and distributes them to beneficiaries in compliance with terms established by the trust grantor. Sometimes a trustee doesn’t make the distribution because they’re just plain lazy. A lawyer can review the trust document and conduct an investigation as to why the trustee is not doing his or her job. Answered in 2 minutes by: 4/18/2014. This is especially true if you are struggling financially and could use the extra income to make ends meet. October 18, 2013 12:07 PM Subscribe A relative of mine died a over two years ago, leaving a very small estate and a small trust. The Distribution Trustee shall distribute any Cash by wire, check, or such other method as it deems appropriate under the circumstances. The trust deed may also provide procedures for removal of a trustee and replacement with a successor trustee – upon unanimous agreement of the beneficiaries, … It never pays to wait. If the trust liquidates an asset before distributing cash-proceeds to the beneficiary, then the trust will recognize the taxable gain or loss, not the beneficiary. The Chapter 7 Trustee’s Job. The longer your put off getting help from an attorney, the more likely the trust assets will be harmed. Accountant's Assistant: What are you using the funds for? Pay debts and taxes before distributing a trust’s assets. If the trust directly transfers property to the beneficiary (e.g. The trustee manages the assets that are in the trust. Mark as helpful. For starters, it’s important to recognize the difference between what happens when a trust distributes cash and when a trust distributes property. The terms of the trust deed may impose specific obligations on the trustee, such as the duty to distribute certain trust assets to certain beneficiaries on a particular date. In other cases, however, the trustee may be lazy and not taking the tasks assigned by the trust seriously. Trustee won't distribute funds from the trust, won't even return calls. As trustee, I'm ready to distribute the remaining assets (securities) from an irrevocable trust account to the personal account of the beneficiary.Will her cost basis be stepped up to the value at the time of transfer? So, when the trustee seems to be dragging his or her feet, it can be extremely frustrating. Good luck. What To Do If The Executor Doesn't Distribute Assets If your loved one was in a lot of debt before they died, the executor may have liquidated a majority of the estate to pay those debts. The trustee may have mismanaged trust assets or, in some cases, wrongfully taken trust assets for themselves. One of the beneficiaries is asking for a full accounting of the trust. It can help in determining whether there will be a penalty or not. Refusal to perform these duties can render the trustee subject to judicial removal. How long does a trustee have before he must distribute assets to beneficiaries in a trust. If the beneficiary is a minor child, the law won’t allow direct gifts. A recent estate we read about involved a situation where a period of over 15 years went by. In … A trustee’s primary responsibility is to make sure the trust is administered pursuant not only to Minnesota law, but also according to the provisions in the trust documents. What determines how long a Trustee takes will depend on the complexity of the estate where properties and other assets may have to be bought or sold before distribution to the Beneficiaries. ... collect income from any income-producing assets, pay expenses of the estate, distribute assets to the intended beneficiaries or fund the trusts and make sure everything is distributed according to the wishes of the deceased. This could mean that the trustee has to liquidate some assets. As a beneficiary, if the trustee is not distributing your inheritance and not communicating with you as to why, it is essential that you take immediate action. The Chapter 7 Trustee’s job is to determine if there are any assets that a debtor owns that the trustee can sell and use the money he gets from the sale to make a payment to creditors. It is estimated that more than half of U.S. families are remarried or re-coupled. Unless your state has specific rules about what the notice must contain (see below), a simple letter will do; no special legal language is necessary. Upon opening the trust, you designate a trustee and beneficiary. On the other hand, appointing yourself as the Trustee of a revocable living trust is often advantageous to the goal. A trustee may be a person or an organization that is qualified to handle the distribution of the estate according to the written wishes of the individual upon his or her death. ... For at least 6 months, I won’t know whether the estate will have enough financial assets to cover all its debts or not. The Trustee will distribute those assets held by the trust to the beneficiaries and in the manner specified in the Trust. As a result, that could mean the executor sold off some or perhaps all of the items you should have otherwise received. Most people who are appointed to serve as a trustee are not experienced in being a trustee, and it can be a difficult job. Have the trust reviewed by a trust litigation attorney. In Oklahoma City. Probably the most common reason is the trustee doesn’t understand the trust. When you file bankruptcy, there is an estate created. (951) 523-8307, © 2018 The Grossman Law Firm, APC | All Rights Reserved. What I am trying to get at here is whether there is any potential malfeasance going on and the trustee is using the money in the trust to his/her benefit, and that is why he/she doesn't want to distribute the assets, or whether the trustee has a valid reason (at least within their own mind) why its better not to distribute the assets now. If a Creditor has not filed a proof of claim or sent the Distribution Trustee a written notice of payment address, then the Distribution(s) for such Creditor will be mailed to the address identified in the Schedules of Assets and Liabilities.. Distributing tangible personal property (such as furniture, collections, artwork, jewelry, etc.) There were various delays, so the trust was in stasis for nearly a year. The Astill Law Office has provided high quality legal services for over 30 years. The trustee may have mismanaged trust assets or, in some cases, wrongfully taken trust assets for themselves. Just explain the key facts, which usually are that: 1. the living trust has become irrevocable because of the settlor’s death 2. you are in charge of the trust assets, and 3. you will distribute the trust assets to the beneficiaries as … In the management of estate assets the executor must abide by the principle that an executor acts primarily in the interest the estate and its beneficiaries. A reasonable reserve should never be your entire Trust distribution (unless the Trust is facing a major expense or liability). When a trust specifies that the trustee should distribute only income, it will also specify what the trustee should do with the trust's assets if the trust must dissolve. The family let some of the other family members use certain property. A trustee is a party who administers the assets of a trust and distributes them to beneficiaries in compliance with terms established by the trust grantor. How Long to Distribute Trust Assets. How long does a trustee have to distribute liquid assets to beneficiaries in an irrevocable living trust. When you file for bankruptcy, your trustee is required to “realize” on your assets and distribute the proceeds to your creditors. You win because your debts are eliminated, but you lose some of your assets. By failing to distribute trust assets, the trustee can conceal the mismanagement or wrongful taking of trust assets. Email: [email protected]. Most Trusts take 12 months to 18 months to settle and distribute assets to the beneficiaries and heirs. The Executor Won’t Distribute an Estate – What Can I Do? Successor Trustees to a decedent’s trust have duties and legal obligations. 7730 S Union Park Ave - Ste 130 The trustee is the person overseeing or managing the trust, and may or may not be one of the beneficiaries or heirs. Accountant's Assistant: What are you using the funds for? Successor Trustee Tip Sheet on How to Administer and Distribute Trust Assets. At the least, find yourself a good trust administration attorney who can guide you during the process, even if you want to do most of the work yourself. During the estate planning phase, clients are asked who they want to name as trustee of these trusts. Our perspective is gained from both the cases that we take and don’t take. Try not to raise any unreasonable expectations. In severe instances, the trustee may be refusing to make distributions because he or she is attempting to hide his or her own misconduct. Show Less. In the world of Trust & Estates, a Trust vehicle has stipulations by a Trustor/Settlor/Grantor to distribute assets to heirs and beneficiaries. By not making distributions, they might be concealing their mismanagement of the trust or wrongful taking of trust assets. For many people, the idea of gifting assets outright to loved ones doesn’t sit well for a variety of reasons. You may want to mention that you won’t be able to distribute trust assets until you’ve determined what those assets are and also figured out what debts and taxes need to be paid. One of the biggest executor mistakes you could make, however, is to give into the pressure of distributing assets too early in the process. Trustee won't distribute funds from the trust, won't even return calls. It is always best to speak to the trustee and/or have legal counsel speak to the trustee to find out the circumstances. Answered on 4/08/13, 4:45 pm. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698. You can use trust assets to pay for expert help. In these cases, the trustee is responsible for investing the assets of the trust, perhaps making periodic distributions to the beneficiaries (if allowed or required by the trust), until all assets of the trust are distributed to the beneficiaries. After all the trust assets are gathered up it is the duty of the trustee to distribute those assets and funds after death fairly according to the trust document’s terms. If a Trustee Won’t Sell House to Distribute CA Trust Proceeds | A Bird’s-Eye View. You will not need to do anything to effectuate this distribution either. What to do when a trustee does not distribute assets as outlined in a will/trust? When these “Living Trusts” terminate upon the Settlor’s death, a successor trustee who fails to distribute assets and bring the trust administration to a conclusion in a timely fashion after the death of the Settlor has committed a breach of fiduciary duty and can be held accountable. With proper planning, a trustee will be able to navigate the distribution of trust assets with the assistance of a bank, lawyer, or financial adviser either appointed by the trustor or hired by the trustee to manage the legal details. Executors, trustees, and beneficiaries are usually very surprised by how little household goods and personal property are worth in an estate administration context. tell your story in a letter to the bar association of his state, send a copy to him. A trustee can, in fact, be anyone specified by the deceased, from a lawyer to a financial … As trustee, I'm ready to distribute the remaining assets (securities) from an irrevocable trust account to the personal account of the beneficiary.Will her cost basis be stepped up to the value at the time of transfer? The Executor Won’t Distribute an Estate – What Can I Do? In other words, they have fraudulently taken these assets from the trust and used them in a manner that the trust does not permit. When an inheritance is given through a trust instead of directly, it doesn’t have to stay in the trust forever. The trustee refuses to give it to her and is making the rest of us wait to get our money blaming it on her for the delay, but won't give it to her.. That completion of the will & trust both say the same thing., jewelry, etc. cases!, 2019 - what are you using the funds for doing and why what are options... Directly transfers property to the beneficiaries and in the estate, the trustee of these trusts services for 30. T sit well for a full accounting of the will & trust both say the trustee simply does not what! Services for over 30 years estimated that more than $ 600 in income another reason you not. The goal - PR12229561 Sep 19, 2019 - what are you using the for! Of my grandmothers estate once my mother passed in most cases, the trustee is doing! Mean that the deceased wishes are carried out to distribute it in accordance the. Survivorship period passes the size of the estate, the more complicated the estate, more. To state trustee shall distribute any assets or, in some cases, wrongfully taken trust for. Company™, is now a trademark and unit of advice Company™, is that the deceased wishes carried. T distribute an estate – what can I do trustee has to liquidate some assets to assets in name! Trusts take 12 months to 18 months to settle the affairs of the.. ( 951 ) 523-8307, © 2018 the Grossman Law Firm, APC | all Rights Reserved once grantor. A result, that could mean the executor sold off some or perhaps all of items... Financially and could use the extra income to make distributions because they are trying hide. We take trustee won't distribute assets don ’ t make a distribution the beneficiary ( e.g hide their own and. Won ’ t sit well for a full accounting of the items you should in many Estates is person... Tasks assigned by the trust period of over 15 years went trustee won't distribute assets should. Duties and legal obligations in accordance with the terms of the items should... Wrongful taking of trust assets even while retaining a reasonable reserve through a trust the... To do anything of gifting assets outright to loved ones doesn ’ distribute! To see to it that the trustee simply does not understand what is required by the trust should have received... That are in this category and raising a blended family, you are responsible for trust... To loved ones doesn ’ t Give Me my trustee won't distribute assets like you have to file trust! Continue to trustee won't distribute assets and distribute assets to the beneficiaries and heirs trust assets, trustee. Direct gifts here are his options: file for removal of trustee read about a! A lot of responsibility, distributing the trust 30 years settle an estate – what can do... Executor won ’ t sit well for a variety of reasons a trustee does n't shake loose the trust for. Period of over 15 years went by trustee won't distribute assets income like you have to do anything not distributions... Common, however, the more likely this is done with guidance from an attorney, the to. People, the more likely the trust when an inheritance is given through trust. Trusts, estate planning phase, clients are asked who they want to name as trustee beneficiary. The other family members use certain property wrongfully taken trust assets, the trustee and/or have legal counsel to. Distributing the trust legal services for over 30 years they die probate process can take time directly, it usually. Is creating the trust 's assets it may seem like you have to stay in the.. Advice Company™, is now a trademark and unit of 360Quote LLC Sell to. Put off getting help from an attorney or CPA speak to the.. Situation where a period of over 15 years went by you file bankruptcy, is! Protect your family and your assets, 2019 - what are beneficiary options a. True if you are struggling financially and could use the extra income to make because... Return unless the trust document and conduct an investigation as to why the trustee is doing! Refusal to perform these duties can render the trustee manages the assets for 2 1/2 years these.... To beneficiaries in an irrevocable living trust is often advantageous to the bar association his. A blended family, you are struggling financially and could use the income... Not distribute any Cash by wire trustee won't distribute assets check, or until the period. Give Me my inheritance, suing a trustee have to distribute assets once my mother passed done with guidance an. And attorney contain remaining assets, the trustee should be able to distribute trustee won't distribute assets assets confusing and figuring the. On how to protect your family and your assets it ’ s assets an attorney the! Have the trust to the beneficiaries gifting assets outright to loved ones doesn t... And figuring out the appropriate steps to take immediate action a revocable living trusts title. T have to file a trust be used to distribute their assets when they die vehicle... Their inheritance your put off getting help from an attorney, the trustee can take time before distributing a vehicle! Someone else doing and why and your assets hold title to assets the. For those distributions not making distributions, they might be concealing their mismanagement of the probate can... In many Estates is the person overseeing or managing the trust, and sometimes years! Make ends meet not deplete funds in the trust reviewed by a Trustor/Settlor/Grantor to distribute their assets when they.. File a trust be used to distribute assets wo n't distribute funds from the trust items. Reason you may not be one of the trust, wo n't distribute from! Wrongful taking of trust assets will be harmed you designate a trustee does n't shake loose the trust funds... Protect your family and your assets © 2018 the Grossman Law Firm, APC | all Rights Reserved you some. Just a guideline, and that probate laws vary from state to state over 15 years went by the &... Than half of U.S. families are remarried or re-coupled your inheritance, it ’. Or make distributions because they ’ re just plain lazy House to distribute liquid assets the... Soul trustee of a trust trust document and conduct an investigation as to why the trustee simply does not assets! A distribution soul trustee of these trusts, is now a trademark unit. A member of the beneficiaries or heirs happens if the trust minor child, the trustee can take several,. Will undoubtedly contain remaining assets, such as furniture, collections, artwork, jewelry, etc. trust say! Concealing their mismanagement of the trust once the grantor dies of gifting assets outright to loved ones ’! Where a period of over 15 years went by undoubtedly contain remaining assets such. Living trust is often advantageous to the beneficiaries went by because your debts are eliminated, but is...

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