/S /Document Despite offering a great level of protection, many people overlook bloodline trusts until its too late, but we strongly advise that you consider writing one here at Wills.Services, especially under certain circumstances (listed below). endobj SCOPE OF AGREEMENT /Pg 3 0 R /K [ 2 ] A dynasty trust is a long-term trust created to pass wealth from generation to generation without incurring transfer taxes, such as estate and gift taxes. Americans' access to information about the Biden family on Twitter shortly before the 2020 election. As members, Hook Law Center lawyers work with personal injury lawyers to enhance judgments, awards and outcomes for their clients with disabilities. Leaving everything to your children in a basic will does not always provide an adequate level of protection and there are potential complications that could occur later down the line. >> 51 0 obj How can I leave money to my son but not his wife? /Pg 23 0 R 2. How is the order of succession determined? If a professional outside trustee is used, a sibling should be given the power to remove and replace that trustee if things dont work out. These trusts are called testamentary trusts because separate trusts are established for each child and their entitlement can be distributed to their spouse and children. /Footnote /Note Trust Fund means, subject to clause 9(b), the trust fund of the Trust from time to time, including: (a) the Settlement Sum; (a) all money, investments and property paid or transferred to, and accepted by, the Trustees as additions to the trust fund of the Trust; (b) any accumulations of Trust Income made by the Trustees under this deed; and There are about forty will and trust forms. Upon your childs death, the trust ends and the funds that remain can only be inherited by their descendants. What is a unicameral legislature quizlet? When the second of them passes away, their estate will pass only to those with direct blood links to Fred and Wilma. /Metadata 67 0 R A bloodline trust, however, is a specific type of trust which has the purpose of guaranteeing that the property within it (money and/or investments, for example) are kept in the family (blood-only). << If the child is sued by a creditor or spouse for divorce, then the child is removed as trustee and the sibling is substituted as successor trustee. Content by elder law attorney, Andrew Hook and the Hook Law Center staff. /Header /Sect /S /P /Type /StructElem These situations happen every day, but they can most often be avoided. Members have broad experience with legal issues affecting these individuals and are committed to continuing education to hone their skills. /GS7 7 0 R Contents [ hide] How does a bloodline trust work in Australia? With the Bloodline Preservation Trust we will ensure your client's goals are met with the best possible planning. By setting up a trust, you can protect your familys inheritance from third parties. Decide on what kind of signature to create. /Type /StructElem The only difference between a will and a bloodline will is that your descendants will be the beneficiaries. If the parents leave the money to the child in a Bloodline Trust and the child dies, the trust can provide that it pass on to the grandchildren either in a continuing Bloodline Trust or outright. Step 1 - Download in Adobe PDF, Microsoft Word (.docx), or Open Text Document (.odt). Only you can revoke the trust, but you are able to do so at any time during your life. 55 0 obj This causes strain in family relationships. A childs poor choice of spouse can translate into a parents estate-planning headache, particularly when there is a divorce. %PDF-1.5 /Type /StructElem /Pg 3 0 R ACTEC The American College of Trust and Estate Counsel. Choose My Signature. << endobj /K [ 6 ] Any heirs of the deceased Beneficiary would split that portion of the inheritance equally. /K [ 7 ] /Lang (en-US) If there is a divorce, your son or daughter-in-law may wind up with 50% of your childs inheritance. ]"ARO"G,~^X*94c!)3r0I&XoL,.XMdlqZhKxG"Lo0*6|V1e2;P>0@tQgR9lBJg-%'jNDYOnXq%lF|ZXalE>wiZ?aCKApd>} ',rd9L"a1e(QJ~y(S02q0Fp/ d@=X)Xjt!i7\}QTF}otco4JD"D. The money stays in the bloodline. When you create a bloodline trust, you must choose a trustee. /Type /StructElem Wally has never been married and has no children. >> Network on Disabilities of Florida, Inc., d/b/a Family Network on Disabilities ("FND"), as Trustee. Protecting Your Children from Squandering the Money. /Type /StructElem endobj /K [ 5 ] Third, if the concern is payment for long-term care of the parents of your son or daughter-in-law, the selection of trustee becomes more murky. Family Trust, Disclaimer Trust, Marital Trust, Supplemental Needs Trust and Defective Grantor Trust _____ FAMILY TRUST - sample language . endobj QA uZ\],u/;Xt &lf~Xb}!b3,y^BTVN Thanks in advance. This type of trust is a powerful tool that you can use to protect the hard-earned money and assets you leave for your children, while at the same time giving them complete access and control over their inheritances. Has difficulty holding a job. A trust will provide peace of mind for the family. SM. This paper considers the position of the surviving spouse who has been disinherited and the challenges they face in Ireland in the application of the legal right share towards the appropriation of the family home. Probate, Estate Settlement and Trust Administration, Long-Term Care Planning, Medicaid and Veterans Benefits. If we leave an inheritance to our child, in all likelihood that child will name their spouse as primary beneficiary of their estate, which includes any inheritance from parents. ARTICLE II. endobj This person can be another member of the family or a financial institution. We invite you to contact us and welcome your calls, letters and electronic mail. A trust is an obligation imposed on a person or other entity to hold property for the benefit of beneficiaries. I believe they are expensive to set up (3k), but in the long term, they would be a huge saving for the family. You should seek the advice of legal counsel of your choice before acting upon any of the information in this site. Is emotionally and/or physically abusive to your child and/or grandchildren. >> The cost of your will depends on the value of your estate, its contents and the complexity of the will, including the types of trusts included. How much do loan officers make on a loan? /Filter /FlateDecode >> /XObject << If Sallys inheritance had been placed in a Bloodline Trust, it would have been protected from Harrys claim for equitable distribution. << /Alt () It is also commonly used as the structure for family businesses. A Will is a legal document that directs who will receive all of an individual's property on death, while a Trust will only deal with any assets where ownership has been transferred to the Trust. /Pg 3 0 R /Pg 3 0 R The Doe Family Trust This is a Trust Agreement, hereinafter referred to as the "Agreement," dated _____ _____, 20___, between ourselves, John Robert Doe and Mary Elizabeth Doe, who will be hereinafter referred to as the Settlors collectively or as a Settlor individually or by personal pronoun, and John Robert Doe and Mary Elizabeth Doe, who There are four general concerns we have when leaving inheritances to our children: Fortunately, each of these scenarios can be avoided by establishing a Bloodline Trust with your child as the beneficiary. This is a very convenient way to leave assets to your loved ones when you die. /Pg 23 0 R /Parent 2 0 R What Happens to Your Digital Assets When You Die? trust estate the property more particularly described in Schedule A hereto, to hold the same, and any other property which the Trustees hereafter may acquire, IN TRUST, for the purposes and upon the terms and conditions hereinafter set forth: FIRST: The Trustees shall hold, manage, invest and reinvest the trust estate, shall collect Coronavirus Outbreak Sparks a 76% Surge in UK Will Writing. Because all of the inner workings and benefits of a bloodline trust cannot be described in one short article, below is a common scenario that will help illustrate the advantages of using a Bloodline Trust in your estate plan. of the grantors passes away. >> Wally has never been married and has no children. NAELA improves the quality of legal services for people as they age and those with disabilities. 4 0 obj The trust is revocable during your lifetime, but only by you. First, if there is a responsible child and the concern is to protect the money from creditors, divorce, or death of your child, then the child could be sole trustee and be given total charge with respect to distributions from the trust. Your child, acting as trustee, can distribute principal for the benefit of himself or herself or to his or her descendants. In case of a divorce, your child should resign from the trustee position. Ten years later, Pete and Moira have both passed away and Louise and Damien go through a divorce. /Macrosheet /Part /Type /Page You can download the paper by clicking the button above. A bloodline trust typically has certain rules for distribution to the beneficiary. 49 0 obj /K [ 7 ] There are several benefits of this type of trust, but it may not be for everyone. The trust can also provide flexibility for your children and future generations. /RoleMap 27 0 R /Type /StructElem /K [ 8 ] Office Closure Policy: Speedwell Law follows the office closure policy of the Office of Personnel Management. endobj It also allows you to designate a trustee who will oversee the trust and choose the beneficiaries. A bloodline trust is beneficial to those with children or a spouse with multiple children. The Roy empire also includes at least $345 million in real estate, including Logan Roys $52 million palatial townhouse on New Yorks Fifth Avenue. /InlineShape /Sect Harry moves to another state and refuses to pay any child support for Bill and Lindas grandchildren. 4 0 obj For estate tax savings and asset preservation purposes, Bloodline Preservation Trusts are typically multi-generational trusts or Dynasty Trusts. /S /P What is the Five and Five Rule in Estate Planning. /CS /DeviceRGB /Contents [ 4 0 R 70 0 R ] Fill out the name and address of the person (or people) putting property into the trust. A Bloodline Trust is a type of trust that protects assets solely for the blood descendants of the person who creates the trust. If you want to protect your childs inheritance from an irresponsible spouse or ex-spouse, consider establishing a Bloodline Trust. /Artifact /Sect Bloodline Trust Jamie Rice Abstract Many clients have worked hard to build up an inheritance for their children but are worried that when this passes on following their death it may be lost or diminished due to personal insolvency or the consequences of marriage breakdown, such that the children or grandchildren do not receive any ultimate benefit. The monies in the trust can be used only for Cindy and her blood descendants. /K [ 3 ] Find out how to set up a bloodline trust today by signing up to Wills.Services to get started right away. Crucially, it protects your children or grandchildren's inheritance against any third-parties, including the likes of ex-partners. After several years of marriage, Sally and Harry divorce. /S /P endobj /K [ 11 ] With the latter, the trust comes into effect on the death of the settlor and the assets to be transferred to the trust are those specified in the will. >> 47 0 obj The Emotions Ball. Divorce. The only people who will benefit from these possessions are your descendants. The majority of testators (the name for people who write a will) set up a bloodline trust or will as a safety net for their children and grandchildren, protecting them against any third-parties from outside the family that may try to get their hands on the estate, namely their ex-partners. % Then when the beneficiary of a Bloodline Trust (your child) passes away, whatever assets remaining in the trust go to your grandchildren or another blood descendant, but not to your childs surviving spouse, who might remarry and then give the assets to their new spouse, leaving your grandchildren with nothing. This type of trust is often created by blended families. Firstly, its worth noting that a trust is defined as a legal arrangement whereby someone else (the trustee) manages the assets (the trust property) on your behalf for the benefit of another person or other people (the beneficiaries). Inheritance Tax Planning How to avoid IHT, The Most Common Reasons for Contesting a Will, How to Claim or Refer an Unclaimed Estate. Create your signature and click Ok. Press Done. The old saying, we can pick our friends, but we cant pick our family, is particularly applicable in the case of sons- and daughters-in-law. This means that if Wally, Ralph, and Sally were alive all assets would be split three ways. >> An independent successor trustee can be appointed by you in your will or trust or can be nominated by your child. A trust is a legal structure under which a person (the trustee) holds the legal title of a property for the benefit of other people (the beneficiaries). A dynasty trust is a long-term trust created to pass wealth from generation to generation without incurring transfer taxessuch as the gift tax, estate tax, or generation-skipping transfer tax (GSTT)for as long as assets remain in the trust. /K [ 4 ] Revocation shall be effective upon mailing or delivery to the TRUSTEE of a notice of revocation. If Ralph was to die before Fred and Wilma only his children by blood would receive a portion of the estate. SNA is a by-invitation-only national network of attorneys serving those with special needs and disabilities and their families, the best and brightest in the trust and estate practice. A Bloodline Trust should always be considered when the son- or daughter-in-law: Is a spendthrift and/or poor money manager. Your child may be given control over the trust. The Hook Law Center (formerly Oast & Hook) offices are located in Virginia Beach, and Suffolk, convenient to the Peninsula, and Southside including the cities of Chesapeake, the Eastern Shore, Franklin, Hampton, Isle of Wight, Newport News, Norfolk, Poquoson, Portsmouth, Richmond, Smithfield, Suffolk, Virginia Beach, Williamsburg, Yorktown and Zuni. On the other hand, if you are concerned about a childs ability to manage his or her trust responsibly, you can appoint a bank or professional trustee to manage the trust for them. x=r8?IJbk*d6NmMb6xIq!)^DIP%F7OOrzry3Jx|^/_'gz?{(H.?%&??~tvifR(.S? Three years later Dan dies unexpectedly leaving everything, including Joans inheritance, to Olivia. /K [ 0 ] Once the loan has been paid off, the trustee returns title to the borrower. /K [ 31 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R 45 0 R 46 0 R Follow the step-by-step instructions below to design your printable irrevocable trust form: Select the document you want to sign and click Upload. Your partner may not be able to manage your money responsibly. NAME OF TRUST The trust created in this instrument may be referred to as THE IRREVOCABLE SPECIAL NEEDS TRUST for the benefit of _____ (hereinafter referred to as the "Beneficiary"). endobj A bloodline trust is a type of will, which protects a daughter's inheritance from her husband. The most important thing to remember when setting up a bloodline trust is that your children can be appointed as the trustee and retain control of the assets. A bloodline trust, however, is a specific type of trust which has the purpose of guaranteeing that the property within it (money and/or investments, for example) are kept in the family (blood-only). <>/Metadata 55 0 R/ViewerPreferences 56 0 R>> The Bottom Line About Irrevocable Trusts. /Pg 23 0 R i3uLI.4xfYl$fddJ^jsj:i*#S/B)hQ8E( t2^B,?=PXq,=`bF0E=j%~.ANSJmqi~#bY>`XGbt4258IJ+HXK>M)tq;WGy?+*`oxtMj|i!G`{G#!Xgy&XQiG`$r|Aq{ehq ,(gi22.PZKjrpj7GU74>Ro+h7FWJ;TsrB/gQ_+S{F*( M5RYEJG A few years later Joan dies leaving her estate to her husband, Dan. Most Testamentary trusts give the beneficiaries the choice whether to take their inheritance or retain it in trust. These templates are designed for simple, straightforward estates. Accordingly, the firm set up a Bloodline Trust with Spendthrift Provisions for Fred and Wilma. 2 0 obj The trust terminates at your childs death and the remaining principal can be paid only to your childs descendants. endobj /S /P Its purpose is to protect the inheritance of your children and grandchildren (their descendants) from the likes of ex-partners. << (248) 613-0007 805 Oakwood Dr, Ste 125 Rochester, MI 48307 Mon - Fri: 9:00AM - 5:00PM Advantages And Disadvantages Of A Trust A Living Trust, is one of the best, simplest, and most commonly used methods for passing assets to your loved ones after you're gone (and avoiding financial disasters). You should consult an attorney for advice regarding your individual situation. /Type /StructElem Long-Term Care for Parents of Sons and Daughters-in Law. << If the inheritance is commingled with the assets of your son- or daughter-in-law during the marriage, it will be subject to equitable distribution during divorce proceedings. /S /P /K [ 0 ] If the child then dies, the spouse gets the inheritance that the child received from the parent. >> For issues regarding a Bloodline Trust or any other estate planning strategies, contact The Matus Law Group at (732) 281-0060. Then when you die, your assets will be divided into separate trusts (one for each child). Their goals are serving clients, helping the profession, and informing the public to improve and reform probate, trust and tax laws and professional responsibility. 45 0 obj Has an addictive illness such as alcoholism or drug addiction. The royalty of the tribe of Dan have descended down through history as a powefful Satanic bloodline. CASE STUDY 2: INHERITANCE LOST DUE TO LAWSUIT. This type of will is especially convenient for protecting your legacy from a son-in-law or daughter-in-law that may have bad intentions (or anyone else that isnt related to you by blood). Robert A. Pascal: A Priest of Right Order, Ireland is unusual in a succession law context as despite being a common law jurisdiction Irish succession law applies a comprehensive system of forced heirship for spouses under the Succession Act 1965. The inheritance can be squandered by your son- or daughter-in-law. WHY HAVE A FAMILY TRUST? Due to the complexity of modern families and the unfortunate possibility of divorce, putting plans in place to protect your blood-relatives is highly advisable. Crucially, it protects your children or grandchildrens inheritance against any third-parties, including the likes of ex-partners. stream This paper concludes that the implementation of such a proposal, as an alternative to the legal right share, would eradicate the most striking weaknesses inherent in the current regime and should be afforded serious consideration. >> Special Trusts (Alternative Regime) Law 1997 (Cayman Islands), An Introduction to the Life and Work of Robert A. Pascal, Conditional Love: Incentive Trusts and the Inflexibility Problem, Spousal Disinheritance Protections under Irish Law: A proposal for reform, Estate and Succession Planning for Small Business Owners, Estate Planning for Farm Families: Updated for 2014, Private Trusts and Succession Planning for the Severely Disabled or Cognitively Impaired in Australia, Planning for the future: Arrangements for the assistance of people planning for the future of people with impaired capacity, When to Stretch and When Not to Stretch an Inherited IRA: The Special Case of the Special Needs Trust, Dictionary of Property and Construction Law, Drilling down to the real owners Part 2 Don't forget the Trust: Amendments Needed in FATF's Recommendations and in EU's AML Directive. endobj How to Use These Forms. The terms of trusts can differ markedly depending on the purpose for which a trust has been established. The trustee holds this title in trust for the lender until the loan is repaid in full. Thus, a bloodline trust is a good option for protecting your family's wealth. The trust code is a comprehensive series of laws on the subject of trusts. Subsequently, the parents of the son or daughter-in-law become sick and require expensive long-term care, perhaps even including nursing home care. /Type /StructElem CURRENT TRUSTEES: (other than Corporate Trustee) Diane Smith, Trustee; Successor Trustee: Susan Jones, Trustee; 2. The information you obtain at this site is not, nor is it intended to be, legal advice. This type of trust is a powerful tool that you can use to protect the hard-earned money and assets you leave for your children, while at the same time giving them complete access and control over their inheritances. The beneficiaries are always your children, their children and so on, which guarantees that the legacy you leave behind is safe in the hands of your blood relatives. << /K [ 5 ] Open navigation menu. >> >> The Trustee agrees to hold any property transferred to this Trust, from whatever source, in trust under the following terms: Article 1. >> A Bloodline Trust is designed to keep money in the family, protecting the inheritance of your children and their descendants: Bloodline Trusts offer a number of important benefits: Your child can serve as initial trustee of the Bloodline Trust or share this responsibility with an independent co-trustee. A Bloodline Trust should always be considered when the son- or daughter-in-law: Is a spendthrift and/or poor money manager. Grandchildren from your childs first marriage could be disinherited by a son- or daughter-in-law from a second marriage. endobj After Dans death, Olivia changed her Will to leave her children a much larger share of their estate, because her children had greater needs and left Dan and Joans children only 10% of the estate. How many Disneyland employees are homeless? The judge may assign 100% of the trust asset to the beneficiary spouse, and then "offset" the value of the trust asset by assigning 100% of the value of the marital home to the other spouse - leaving both spouses with $1 million in assets each. >> An Inter-Vivos Trust is established by someone during their lifetime to manage certain assets or investments and support beneficiaries, such as family members. /Type /StructElem 1. /P 30 0 R If your children are not financially responsible, they might marry someone who is. /S /P How it works To be eligible to make a 'family trust election' there are specific requirements that must be met. Is a spendthrift and /or poor money manager. If you want to protect your childs inheritance from an irresponsible spouse or ex-spouse, consider establishing a bloodline trust. One bloodline was in the orient and developed oriental magic. 53 0 obj [ 32 0 R 35 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R 45 0 R In both cases, part or all of a childs inheritance could be lost to divorce or bankruptcy and end up in the hands of strangers. A Bloodline Trust is a type of trust that protects assets solely for the blood descendants of the person who creates the trust. /Tabs /S << If it helps, think of it as a type of family protection trust, that will keep your possessions in the bloodline for generations to come. /K [ 2 ] 33 0 obj Joe is unable to reach the assets in the trust for equitable distribution. /Textbox /Sect You probably have a good idea where you want your assets to go after you pass away, first to your spouse and then to your children and named beneficiaries. A Bloodline Trust is designed to keep money in the family, protecting the inheritance of your children and their descendants: Bloodline Trusts offer a number of important benefits: Trust assets can be used only for blood descendants - your children and grandchildren. 31 0 obj Many clients have worked hard to build up an inheritance for their children but are worried that when this passes on following their death it may be lost or diminished due to personal insolvency or the consequences of marriage breakdown, such that the children or grandchildren do not receive any ultimate benefit. The emotions ball activity is related to building trust among the family members in family therapy. <> SAMPLE HOLDING TRUST, a Family Trust, Registration #1JH17-01-011 PRIMARY ASSET: Valuable items, accrued equities, new assets, management income, and various assets as may be added or replaced from time-to-time. 'Spousal Disinheritance Protections under Irish Law: A proposal for reform (2012) Common Law World Review 41(3), 246-280. /Dialogsheet /Part /P 30 0 R While Harry is attractive and likeable, he has difficulty holding a job and is a poor money manager. Here at Wills.Services, a single, basic will starts from just 29.99, while a mirror will is priced at 49.99 (both limited time offers), which youll find is far more affordable than the alternatives offered by companies like Slater + Gordon and Co-op Legal Services. The childrens future will not be affected by this. Both types of trusts have estate tax savings provisions to protect those with very large . Set up a trust One of the easiest ways to shield your assets is to pass them to your child through a trust. For example, if you want your daughter to be the sole beneficiary of the trust . << To begin putting your family protection plan in place for the future, all you have to do is, How to make or amend a will during the UK Coronavirus (COVID-19) lockdown. Harry also likes to spend money lavishly, mostly on himself, rather than on Sally and the children. . A family trust is an estate planning product that can help you legally determine who will get your assets when you die, as well as how much they will get. To begin putting your family protection plan in place for the future, all you have to do is register with Wills.Services today. /P 30 0 R The creditor may wind up with 100% of your childs inheritance. /P 30 0 R /Pg 3 0 R /K [ 3 ] Enter the email address you signed up with and we'll email you a reset link. >> It is entirely possible to put plans in place without professional help by using a bloodline will template, but there are many risks and potential pitfalls involved when doing so. 43 0 obj >> /Footer /Sect The advanced tools of the editor will guide you through the editable PDF template. >> A bloodline will guarantees that your property stays in the family. /P 31 0 R /P 30 0 R To help you see how they can be useful in real-life situations, heres an example: Pete and Moira are in their late-60s and decide to set up a bloodline trust through Wills.Services to protect the inheritance that they plan on leaving to their daughter (Louise) and granddaughter (Scarlet), as Louise has made them aware that her husband (Damien) has been unfaithful in the past. >> The Bloodline Trust. SM. Simply naming your children as the beneficiaries in a standard will does not necessarily mean that it will be passed down to your grandchildren and their children thereafter when the time comes. Sadly their children werent so lucky. To learn more, view ourPrivacy Policy. << They often dont have the money to pay and call upon their children. Some children are wonderful people, but not good money managers. >> Bill and Linda have a daughter, Sally, who marries Harry. He can be reached at 702-341-6000, ext. /Type /StructElem Lastly, the spendthrift provision of the trust would allow the Trustee to hold all portions of the estate allocated to Sally in trust until her divorce was final. Please refer to the most recently issued guidance from OPM to determine whether Speedwell Law is open. A Bloodline Trust is an excellent tool for protecting the inheritances you leave to your children, and to keep your hard-earned assets from winding up in the hands of complete strangers. /Type /Catalog He is listed in The Best Lawyers in America which also named him Las Vegas Trusts and Estates/Tax Law Lawyer of the Year in 2012, 2015, 2016, 2018, 2020 and 2022. They also lead and advocate on public policy issues facing members clients and their families. Bloodline Trust Daniel P. Seink Co., Ltd. Bloodline Trust Fred and Wilma have been married for 45 years and have three children. /Pg 23 0 R The money you leave to your child is then diverted to paying for the long-term care of the parents of your son or daughter-in-law. For instance, you can make sure that your childrens inheritance will only go to them or their descendants. Your child, acting as trustee, can distribute principal and income to or for the benefit of himself or herself or to his or her children. 30 0 obj At any time, your child can resign from the trustee role. /Pg 23 0 R When the divorce is finalised, Louise is reinstated as the trustee and the trust property remains safely within the bloodline, rather than being taken by Louises ex-husband. 28 0 obj There should be a valid purpose. Thus, a bloodline trust can ensure that assets that you leave behind with your children will stay in your family to benefit future generations of your bloodline. One solution is to name an individual or group of individuals who are familiar with the family as co-trustees. endobj /F1 5 0 R /S /P Family Trust - Free download as PDF File (.pdf), Text File (.txt) or read online for free. can be drafted as either a "support trust" or a "pure discretionary trust" for creditor protection purposes. Article 2. How much does a bloodline will cost? 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