Can I put my house in a trust? Putting a house into a trust is actually quite simple and your living trust attorney or financial planner can help. Since your house has a title, you need to change the title to show that the property is now owned by the trust. The Law Firm Of Steven F. Bliss Esq. is a San Diego Probate Attorney. Does the lawyer Keep the original will? Most Probate Attorneys take on the responsibility of holding their clients’ original wills and other documents. They do this for two reasons. First, they are often better equipped to keep the originals safe where they can be found when needed. Does The Law Firm Of Steven F. Bliss Esq. work in Tierrasanta? Yes, The Law Firm Of Steven F. Bliss Esq. in an Probate Attorney in Tierrasanta. Is a Last Will and Testament the same as a pour-over will? A Pour-Over Will is a special type of Last Will and Testament that works together with a Living Trust. This document transfer or pour any missed property into your Living Trust when you pass away. A Pour-Over Will is simpler than a normal Will, since it excludes detailed instructions for property distribution. What are three types of trust? Revocable Trusts. Irrevocable Trusts. Testamentary Trusts. What assets Cannot be placed in a trust? Real estate. Financial accounts. Retirement accounts. Medical savings accounts. Life insurance. Questionable assets. Can you have both a will and a living trust? For some Californians, the best option may be to use both living trusts and wills in their estate plans. Parents of minor children might use wills to designate who should have guardianship of their children while using living trusts to dictate how their real estate and other assets should be managed and distributed. Can a beneficiary of a trust also be a trustee? The simple answer is yes, a Trustee can also be a Trust beneficiary. Nearly every revocable, living Trust created in California starts with the settlor naming themselves as Trustee and beneficiary. Many times a child of the Trust settlor will be named Trustee, and also as a Trust beneficiary. What is the difference between will and estate planning? Steve Bliss with The Law Firm Of Steven F. Bliss Esq. answers estate planning questions. The Law Firm Of Steven F. Bliss Esq. is a San Diego Probate Attorney. Sad What Are 3 Reasons A Person Might Want To Avoid The Probate Process is The Law Firm Of Steven F. Bliss Esq. What three decisions Cannot be made by a legal power of attorney? You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order. What states have no inheritance tax? Alabama. Alaska. Arizona. Arkansas. California. San Diego. Delaware. San Diego. Do you need a lawyer to make a will? No, you aren’t required to hire a lawyer to prepare your will, though an experienced lawyer can provide useful advice on estate-planning strategies such as living trusts. Your state’s departments of aging also might be able to direct you to free or low-cost resources for estate planning. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Santaluz? Yes, The Law Firm Of Steven F. Bliss Esq. in an Estate Attorney in Santaluz. Does The Law Firm Of Steven F. Bliss Esq. work in Pacific Beach? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Pacific Beach. Willing San Diego Probate Properties is The Law Firm Of Steven F. Bliss Esq. How long does it take for a trust to be distributed after death? Most Trusts take 12 months to 18 months to settle and distribute assets to the beneficiaries and heirs. Does estate planning include a trust? A California Estate Plan generally includes a Living Trust, Powers of Attorney, a Living Will, and a Pour-Over Will-for starters. An Estate Plan cannot be created after you die. Everyone has an estate, and literally every adult should have an Estate Plan, usually including a Living Trust. San Diego Probate Attorney is What assets should be in a living trust? Cash Accounts. Rafe Swan / Getty Images. Non-Retirement Investment and Brokerage Accounts. Non-qualified Annuities. Stocks and Bonds Held in Certificate Form. Tangible Personal Property. Business Interests. Life Insurance. Monies Owed to You. What is the most important part of a will? Bequests. This is probably the most important part of the will. This section should include specificities about how the testator wishes for her estate to be divvied up among the specific organizations and people acting as beneficiaries. Should bank accounts be included in a will? A will is a legal declaration that enables you to direct the disposition of your assets upon your death. The portion of your estate covered by a will includes both tangible assets, such as your home or your car, and intangible assets, such as bank accounts and mutual fund shares that are generally owned in your name. Confused San Diego Estate Attorney is The Law Firm Of Steven F. Bliss Esq. Who manages a family trust? At the core of a family trust, there are three parties: a grantor, a trustee and the beneficiaries. The grantor is the person who makes the trust and transfers their assets into it. The trustee is the person who manages the assets in the trust on behalf of the beneficiaries. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Clairemont? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Clairemont. Optimal What Is The First Thing An Executor Of A Will Should Do is The Law Firm Of Steven F. Bliss Esq. Are family trusts worth it? Family trusts can also be useful in estate planning if you want to avoid probate for your family. So transferring assets to a family trust can make life much easier for your family in this way. You can use a family trust to insulate assets from creditors in the event that you’re sued.
San Diego Probate Attorney 3914 Murphy Canyon Rd a202, San Diego, CA 92123 (858) 278-2800 |
San Deigo Probate Lawyer 3914 Murphy Canyon Rd a202, San Diego, CA 92123 (858) 278-2800 |
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Estate Attorney San Diego 3914 Murphy Canyon Rd a202, San Diego, CA 92123 (858) 278-2800 |
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Horrible How Much Does Probate Cost is The Law Firm Of Steven F. Bliss Esq. When should you start a trust? Anyone concerned about facing a stroke, dementia, or Alzheimer’s may want to consider using a trust to ensure their resources are preserved, managed, and spent in line with their wishes while they are under the care of a loved one or health professional. Can you use a deceased person’s bank account to pay for their funeral? The person who pays for the funeral may be able to claim the funeral costs back from the Estate. The bank will not generally release any money from the account until Probate is granted, although they are normally happy to settle the funeral account directly with the funeral directors. Does everyone who dies have an estate? Contrary to popular misconception, you don’t have to own a big house to have an estate. Your estate consists of everything you own when you die, including your home, personal property, investments, bank accounts, retirement plans and any interests in a family business or partnership. Impossible What Is The Purpose Of A Pour Over Will is The Law Firm Of Steven F. Bliss Esq. Is the eldest child next of kin? Siblings – brothers and sisters In the event that the deceased person passed away with no spouse, civil partner, children or parents then their siblings are considered to be the next of kin. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Core? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Core. Bad What is the difference between a family trust and a revocable trust? Generally, a family trust is any trust set up for the benefit of someone’s relatives and a living trust is one set up while its creator is still alive. The two can overlap, but these terms can also be used informally in a variety of ways. How do you transfer money to a deceased person’s bank account? Step (2): Whenever in the future, if the claimant (legal heir) for the account contacts the bank and claims for the proceedings of the account, he/ she has to submit following documents: Application intimating the death of the account holder. Photocopy of the death certificate. Copy of the WILL or Succession The Law Firm Of Steven F. Bliss Esq. ( +18582782800 ). The Law Firm Of Steven F. Bliss Esq. is a San Diego Probate Attorney. How much can you inherit without paying taxes in 2020? In 2020, there is an estate tax exemption of $11. 58 million, meaning you don’t pay estate tax unless your estate is worth more than $11. 58 million. (The exemption is $11. 7 million for 2021. ) Even then, you’re only taxed for the portion that exceeds the exemption. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in East Village? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in East Village. What are the disadvantages of a living trust? Paperwork. Setting up a living trust isn’t difficult or expensive, but it requires some paperwork. Record Keeping. After a revocable living trust is created, little day-to-day record keeping is required. Transfer Taxes. Difficulty Refinancing Trust Property. No Cutoff of Creditors’ Claims. Peaceful Property Lawyers Near Me is The Law Firm Of Steven F. Bliss Esq. Does The Law Firm Of Steven F. Bliss Esq. work in Gaslamp? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Gaslamp. Innovative Best Probate Attorney is ( +1 (858) 278-2800 ) Does The Law Firm Of Steven F. Bliss Esq. work in Del Mar? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Del Mar. Top San Diego Estate Lawyers is The Law Firm Of Steven F. Bliss Esq. (858) 278-2800 What assets should I put in my trust? Bank Accounts. You should always check with your bank before attempting to transfer an account or saving certificate. Corporate Stocks. Bonds. Tangible Investment Assets. Partnership Assets. Real Estate. Life Insurance. When should an executor pay beneficiaries? An executor will never be legally forced to pay out to the beneficiaries of a will until one year has passed from the date of death: this is called the ‘executor’s year’. What are the disadvantages of a living trust? Paperwork. Setting up a living trust isn’t difficult or expensive, but it requires some paperwork. Record Keeping. After a revocable living trust is created, little day-to-day record keeping is required. Transfer Taxes. Difficulty Refinancing Trust Property. No Cutoff of Creditors’ Claims. Is Probate necessary if there is a will? If you are named in someone’s will as an executor, you may have to apply for probate. This is a legal document which gives you the authority to share out the estate of the person who has died according to the instructions in the will. You do not always need probate to be able to deal with the estate.
Probate Attorney 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 +18582782800 |
San Diego Probate Attorney 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 +18582782800 |
The Law Firm Of Steven F. Bliss Esq. 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 (858) 278-2800 |
The Law Firm Of Steven F. Bliss Esq. 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 +18582782800 |
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Splendid San Diego Attorney Near Me is The Law Firm Of Steven F. Bliss Esq. Can you put rental property in a trust? Placing your investment property in a discretionary trust can be an effective asset protection strategy. A well-constructed discretionary trust provides protection for the trust property from potential claims by beneficiary’s creditors if the beneficiary becomes bankrupt or is subject to a lawsuit. Wicked San Diego Probate Real Estate is The Law Firm Of Steven F. Bliss Esq. Why do I need an Probate Attorney? Probate Attorneys help you through the process of deciding how to divide your assets, and advise you on the documents you need to make sure your wishes will be fulfilled. They can also help create documents to protect you if you become sick. Can a house be sold before probate? The answer to this question is yes, you can. Probate is needed in cases where the deceased was the sole owner of the property. If you need to sell property in such a situation, you can go ahead and list it on the market and even accept offers before obtaining the Grant of Probate. What Is The First Thing An Executor Of A Will Should Do is The Law Firm Of Steven F. Bliss Esq. ( +1 (858) 278-2800 ) The Law Firm Of Steven F. Bliss Esq. is a San Diego Trust Attorney. What are the four must have documents? Will. Revocable Trust. Financial Power of Attorney. Durable Power of Attorney for Healthcare. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Sorrento Mesa? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Sorrento Mesa. Does The Law Firm Of Steven F. Bliss Esq. work in Olivenhain? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Olivenhain. The Law Firm Of Steven F. Bliss Esq. is a San Diego Probate Attorney. What happens with a trust when someone dies? How Do You Settle A Trust? The successor trustee is charged with settling a trust, which usually means bringing it to termination. Once the trustor dies, the successor trustee takes over, looks at all of the assets in the trust, and begins distributing them in accordance with the trust. No court action is required. Calm Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in 4S Ranch? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in 4S Ranch. When a husband dies what is the wife entitled to? Upon one partner’s death, the surviving spouse may receive up to one-half of the community property. If there is no will or trust, then surviving spouses may also inherit the other half of the community property, and take up to one-half of the deceased spouse’s separate property. The Law Firm Of Steven F. Bliss Esq. (858) 278-2800. Estate Attorney San Diego is Who has to execute the trust? A living trust is an estate-planning tool executed by the person forming the trust, or the grantor, and the trustee. Living trusts are popular choices because they allow an individual to pass assets to heirs without the estate going through probate. Is a sibling or child next of kin? Next of Kin Defined Your next of kin relatives are your children, parents, and siblings, or other blood relations. Since next of kin describes a blood relative, a spouse doesn’t fall into that definition. Can a trustee steal from a trust? A trustee or anyone else improperly taking money from a trust can be subject to criminal prosecution for theft from the trust, even if they are one of the beneficiaries. Taking more than you are entitled to by law can be interpreted as stealing from the other beneficiaries of the trust. San Diego Power Of Attorney Lawyer is The Law Firm Of Steven F. Bliss Esq. ( +18582782800 ) Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in North Park? Yes, The Law Firm Of Steven F. Bliss Esq. in an Estate Attorney in North Park. Stunning Best San Diego Probate Attorney Near Me is The Law Firm Of Steven F. Bliss Esq. Does The Law Firm Of Steven F. Bliss Esq. work in Mission Valley? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Mission Valley. Do I have to report inheritance to IRS? You won’t have to report your inheritance on your state or federal income tax return because an inheritance is not considered taxable income. Best Probate Attorney is What happens to bank account when someone dies without beneficiary? If a bank account has no joint owner or designated beneficiary, it will likely have to go through probate. The account funds will then be distributed after all creditors of the estate are paid off according to the terms of the will. Is it illegal to withdraw money from a deceased person’s account? Remember, it is illegal to withdraw money from an open account of someone who has died unless you are the other person named on a joint account before you have informed the bank of the death and been granted probate. This is the case even if you need to access some of the money to pay for the funeral. Do all executors have to agree? Yes, otherwise the administration of the Estate can’t continue. All the named Executors have to reach some form of agreement so the Probate process can go ahead. But it isn’t always that simple and Executors can sadly disagree on a number of things, or face other challenges that slow the process down.
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San Diego Probate Attorney 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 +18582782800 |
The Law Firm Of Steven F. Bliss Esq. 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 (858) 278-2800 |
The Law Firm Of Steven F. Bliss Esq. 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 +18582782800 |
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Courteous Estate Lawyer San Diego is The Law Firm Of Steven F. Bliss Esq. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Del Mar? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Del Mar. Fantastic Why Is It Better To Avoid Probate is The Law Firm Of Steven F. Bliss Esq. What happens if no beneficiary is named on bank account and no will? If a bank account has no joint owner or designated beneficiary, it will likely have to go through probate. The account funds will then be distributed after all creditors of the estate are paid off according to the terms of the will. What are the two most common types of trusts? The two basic types of trusts are revocable and irrevocable. A revocable trust allows the trust creator to maintain control of all trust assets. Superb Best Probate Attorney Near Me is The Law Firm Of Steven F. Bliss Esq. How long do banks take to release money after probate? If you need to close a bank account of someone who has died, and probate is required to do so, then the bank won’t release the money until they have the grant of probate. Once the bank has all the necessary documents, typically, they will release the funds within two weeks. Can I put my house in a trust to avoid creditors? That type of trust in California is permitted and can function fairly effectively to shield assets from the children’s creditors as long as those assets remain in the trust. But someone cannot gain the same protection if they are the creator of the trust and the beneficiary of the trust. Who owns a house in a trust? Who owns the property in a trust? Technically, legal ownership of a property is transferred to the trustee when it is placed in a trust. But, this doesn’t mean the trustee can do as they wish. They manage the property for the benefit of the beneficiary based on the wishes of the grantor (you!). What assets are subject to probate? Real estate, vehicles, and other titled assets owned solely by the deceased person or as a tenant in common with someone else. Tenants in common don’t have survivorship rights. Personal possessions. Household items go through probate, along with clothing, jewelry, and collections. Who owns the property in a irrevocable trust? Irrevocable trust: The purpose of the trust is outlined by an attorney in the trust document. Once established, an irrevocable trust usually cannot be changed. As soon as assets are transferred in, the trust becomes the asset owner. Grantor: This individual transfers ownership of property to the trust. Lousy Probate Lawyer Near Me is The Law Firm Of Steven F. Bliss Esq. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Mission Beach? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Mission Beach. Elegant Estate Attorneys is The Law Firm Of Steven F. Bliss Esq. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Point Loma? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Point Loma. Amazing Does the oldest child inherit everything? No state has laws that grant favor to a first-born child in an inheritance situation. Although this tradition may have been the way of things in historic times, modern laws usually treat all heirs equally, regardless of their birth order. Who inherits money if no will? Generally, only spouses/partners, children, and certain other blood relatives inherit under intestate succession laws. Girlfriends, boyfriends, friends, and charities have no right of inheritance. Usually a surviving spouse is entitled to the largest share, particularly if minor children are involved. The Law Firm Of Steven F. Bliss Esq. ( +18582782800 ). Does The Law Firm Of Steven F. Bliss Esq. work in Alpine? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Alpine. Who pays for a funeral if there is no will? The people named in the deceased’s will as their executors (or, if the deceased didn’t make a will, their nearest relatives) are primarily responsible for arranging their funeral. Exclusive Probate Will is The Law Firm Of Steven F. Bliss Esq. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Rancho Bernardo? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Rancho Bernardo. Why put your house in an irrevocable trust? Putting your house in an irrevocable trust removes it from your estate, reveals NOLO. Unlike placing assets in an revocable trust, your house is safe from creditors and from estate tax. When you die, your share of the house goes to the trust so your spouse never takes legal ownership.
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Does The Law Firm Of Steven F. Bliss Esq. work in Rancho Bernardo? Yes, The Law Firm Of Steven F. Bliss Esq. in an Probate Attorney in Rancho Bernardo. Does The Law Firm Of Steven F. Bliss Esq. work in San Diego? Yes, The Law Firm Of Steven F. Bliss Esq. in an Probate Attorney in San Diego. How long after death does probate take? Typically, after death, the process will take between 6 months to a year, with 9 months being the average time for probate to complete. Probate timescales will depend on the complexity and size of the estate. If there is a Will in place and the estate is relatively straightforward it can be done within 6 months. Do financial planners do estate planning? Financial planners also assess clients’ overall financial health. An experienced financial planner helps clarify existing options and recommends products, investments, or other strategies to help one achieve her financial goals. Estate planning, on the other hand, is handled exclusively by an Probate Attorney. What are the three conditions to make a will valid? Condition 1: Age 18 And of Sound Mind. Condition 2: In Writing And Signed. Condition 3: Notarized. Can a parent leave everything to one child? In the majority of cases, children expect to take equal shares of their parent’s estate. There are occasions, however, when a parent decides to leave more of the estate to one child than the others or to disinherit one child completely. A parent can legally disinherit a child in all states except Louisiana. What are estate rights? An estate, in common law, is the net worth of a person at any point in time alive or dead. It is the sum of a person’s assets legal rights, interests and entitlements to property of any kind less all liabilities at that time. The term is also used to refer to the sum of a person’s assets only. What happens when a house is left in a trust? If all your property is in trust when you die (or become incompetent), then legally you don’t own anything in your name. This means, if you die, no probate (formal court administration of a decedent’s estate) is needed to pass your property on to your beneficiaries. Who owns the house in an irrevocable trust? An irrevocable trust is a permanent trust unless one or more of the Trustor’s named beneficiaries decides otherwise. When setting up an irrevocable trust, the grantor effectively transfers all ownership of properties into Trust and ceases control over them and the Trust. What is estate after death? The property that a person leaves behind when they die is called the decedent’s estate. The decedent is the person who died. Their estate is the property they owned when they died. To transfer or inherit property after someone dies, you must usually go to court. Can I write my own will? Contrary to popular belief, you do not need to have an attorney draft a will for you. Anyone can write this document on their own, and as long as it meets all of the legal requirements of the state, courts will recognize one you wrote yourself. What should you not put in a living trust? Qualified retirement accounts 401ks, IRAs, 403(b)s, qualified annuities. Health saving accounts (HSAs)Medical saving accounts (MSAs)Uniform Transfers to Minors (UTMAs)Uniform Gifts to Minors (UGMAs)Life insurance. Motor vehicles. Do you need both a will and a living trust? Steve Bliss with The Law Firm Of Steven F. Bliss Esq. answers estate planning questions. How is estate duty calculated? HOW MUCH ESTATE DUTY? Estate duty is calculated at 20% of the dutiable estate. For example, if John’s dutiable estate is R1million, the calculation is 20% times R1million. That is R200 000. Who makes decisions if no power of attorney? If you lose your mental capacity at the time a decision needs to be made, and you haven’t granted powers of attorney to anyone (or you did appoint attorneys, but they can no longer act for you), then the court can appoint someone to be your deputy. Do you need probate if there is a will? If you are named in someone’s will as an executor, you may have to apply for probate. This is a legal document which gives you the authority to share out the estate of the person who has died according to the instructions in the will. You do not always need probate to be able to deal with the estate. Can a stranger be a witness to my will? Yes. A stranger may serve as a witness to anyone’s will, as long as they are 18 years of age or older and of sound mind. Useful San Diego Estates Lawyer is The Law Firm Of Steven F. Bliss Esq. Does estate planning include a trust? A California Estate Plan generally includes a Living Trust, Powers of Attorney, a Living Will, and a Pour-Over Will-for starters. An Estate Plan cannot be created after you die. Everyone has an estate, and literally every adult should have an Estate Plan, usually including a Living Trust. How much does it cost to go through probate? The typical probate process might cost around 10 percent of an estate. In some cases, the costs are higher, particularly if an accountant and attorney, as well as the executor, participate in the process. Some states set limits on the fees that lawyers and executors can charge for probate services. Does The Law Firm Of Steven F. Bliss Esq. work in Marina district? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Marina District. Can I do my own estate planning? Most people can, in fact, create most important estate planning documents on their own, as long as they have reliable, clear instructions. The same is true for some other estate planning steps, such as creating a living will (advance directive), or naming beneficiaries for insurance policies and retirement accounts. Does the IRS know when you inherit money? Money or property received from an inheritance is typically not reported to the Internal Revenue Service, but a large inheritance might raise a red flag in some cases. When the IRS suspects that your financial documents do not match the claims made on your taxes, it might impose an audit. Top What Happens To Bank Account When Someone Dies is The Law Firm Of Steven F. Bliss Esq. Is jewelry considered part of an estate? It is a personal list of the items that you would like people to have, which you provide to the executor as a letter of informal guidance that is not part of the estate plan, so it is not testamentary in nature. Then people are more likely to accept the situation, because this is what mum wanted”. What is estate planning and why is it important? 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