florida disclosure of trust beneficiaries form

ago I volunteer as an independent contractor Ex: free for all, unless your wealthy then you can give me gas money. How do I get confirmation on his trust? endstream endobj 24 0 obj <>/Subtype/Form/Type/XObject>>stream I live in NJ and my mom was a resident of Florida. Florida Statute Section 763.0813 provides that a trustee must keep the qualified beneficiaries of the trust "reasonably informed of the trust and its administration." Challenge a trust Disclosure document - Pankauski law Firm PLLC /a > 5 5! Generally speaking, it doesnt really matter what is fair but rather whether the distribution is spelled out (as in a deed) or whether it to authorized by state statutes which is per stirpes. My stepmother isnt being forthcoming with any documentation. My sister in law lives in an adjacent property. this is all turned into a nightmare that could have been avoided if the attorney had done his job correctly. The short answer is that you have the right to a full and fair accounting of assets and expenses; however, there are some things that are discretionary for the Personal Representative. To be certain, you would need a consultation with a FL estate attorney to look at assets and policy designations in more detail. Now that youve done so, would need to see what you signed; although, I think you could likely terminate that PR and potentially terminate the firm involved. No will filed with the county but if he only had the trust it doesnt require probate so it doesnt get filed in court? Owner. The statute limits this class to: Current beneficiaries, First-line remainder beneficiaries, and Intermediate beneficiaries. My sister in law is being less than forthcoming regarding my mother in laws policies. She was married to a man that is not my biological father. EMC Upon further research, its my understanding that my brother and I should have received 50% of my fathers estate, while she should have received 50%. A trust disclosure document is an accounting or any other written report of the trustee that "adequately discloses" enough information to allow the beneficiary to know or be able to reasonably ascertain whether or not he or she has a claim as to the matter in the document. document.getElementById( "ak_js_6" ).setAttribute( "value", ( new Date() ).getTime() ); View our book Legal Mumbo Jumbo: Navigating 8 Common Areas of Law in Plain Language on Amazon. The recent case, Whitell v.Whitell, a decision of Master M.P. The existence of the trust was only recently discovered upon the death of another family member that had a copy of the will. hello, My husbands dad was taken under guardianship thru the state and was assigned a personal representative. He wanted the P.R. She states things to me that dont make sense. Proceed with extreme caution. However, this is just an observation for educational purposes only. She updated her will in March of 2021, leaving 40% to me, 40% to her granddaughter (daughter of my brother who died in September 2016), and the remainder to her nephews. Without due diligence and a confidential relationship, to offer other feedback in this case could lead you in the wrong direction. Let us know if we can help by e-mailing Gene at admin@gibbslawfl.com. Im not sure if that would have included any proceeds from the lawsuits, but is this something that I could pursue legally based upon fraudulent misrepresentation? As a beneficiary you do generally have the right to a copy. What to do next?? A notice of Trust is a legal document that the Trustee must file in the probate court after the Trustor's death. With her being listed as beneficiary, and no written will, is she entitled to keep all payouts? A beneficiary generally has the right to be kept reasonably informed of the trust and its administration. This includes the right to receive an annual accounting from the trustee, which must provide a record of all transactions involving the trust and a statement of all gains, losses, distributions, and fees. And when do they supply us a will or trust that shows the beneficiary? I was under the impression that I was allowed to see all trust details. A trust disclosure document is generally thought of as a formal accounting or a written report by the Trustee to the beneficiaries as to the status of the trust. In July 26 , my sibblings and me received a waiver and consent of full accounting and any liability claim to start distribution of the estate. KEY INFORMATION (a) Full name of discloser:Jupiter Fund Management Plc(b) Owner or controller of interests and short positions disclosed, if different from 1(a): The naming of nominee or vehicle companies is . Hello, anything can be contested; however, it may cost substantial legal fees to to do. Let us know if youd like more assistance by connecting with Gene at info@gibbslawfl.com. DB In estate and contract law, a beneficiary is simply someone who has the legal right to receive the benefits of an instrument or contract. The trust does not state that another co-trustee is required. A notice of trust in Florida is a document that is required to be filed in the probate court in the county where the decedent (person who passed away) resided at the time of his or her death. Although the two terms are often used interchangeably, there is a distinction between an heir and a beneficiary in Florida probate law. He even emptied it while both were still alive and took 2/3 of what was to be 50/50 and sent lesser value (monetary and personal) items (many broken). 5. a written statement of the trustee that an action by a beneficiary against the trustee for breach of trust based on any matter adequately disclosed in a trust disclosure document may be barred unless the action is commenced within six months after receipt of the trust disclosure document or receipt of a limitation notice that applies to that endstream endobj 30 0 obj <>/Subtype/Form/Type/XObject>>stream the Bar Complaint has reached the Grievance Committee. I also thought that I was a life insurance benefit but now this supposedly is all going into my Moms trust. Your question to consider is how big the estate is because it will most likely be expensive to hire decent legal counsel out of the gate with no guarantee of recovery. Annuity was written in Florida, so youd think the company would know that. Does my sister have the right to deny me access to my moms house or forbid me from staying a couple of weeks at this point ? Thank you for taking time to read and hopefully answer my question. It covered a lot. If you are a beneficiary of a foreign trust, and you receive a distribution from the foreign trust, then your reporting responsibilities include: "Checking the box" on IRS Form 1040, Schedule B, Part III; IRS Form 3520; and. Can I request an up to date accounting? Hello, If there were more people like you, the world would be a much better place. Results portrayed are dependent on the facts of that case and the results may differ if based on different facts. He had a wife, not my mother. However, the Trustee could then without distributions based upon the refusal to sign off. There is no way to determine if she fully understood the details of the change. Thank You. Unless a beneficiary is named, any money in your checking or savings account will become part of your estate after you're deceased. Virtual Legal Services Available Statewide! Then he had a annuity that he left me as the Beneficiary both with a Union. Rights of a Trust Beneficiary of a Revocable Trust. EMC Do the plaintiffs have a cause of action without the Will going through probate? Hello Henry, the short answer is that if you signed a waiver then the law firm needs to comply and send out payment. I guess spouse would get it but the state is refusing to recognize our union . endstream endobj 31 0 obj <>/Subtype/Form/Type/XObject>>stream My brother was named the Executor of her will, with both of us being equal beneficiaries. Do we have choices here? My mother was to be primary and I am secondary. Hi Tom, thanks for commenting. We have agreed to a summary administration with no personal representative. Life insurance beneficiaries have the right to receive a policys payout upon the death of the insured. Hi Michelle, it sounds like your grandpa is getting legal help so Ill defer to that though Ill mention technically, a Personal Representative of a will can reside out of state if he or she is a family member and a Trustee can typically reside elsewhere as well. He and my stepmother have a revokable trust. If you can call me that would be great. upon receipt of your signed waiver and consent, we will mail a check to you for your share Hello Karen and thanks for commenting. Is my Mom entitled to any of this money? I was stationed in Alaska at the time. We both signed this agreement willingly to maintain peace and sanity. After all, by definition you get to be the one who stands to benefit. /Tx BMC Im wondering if there is a more informal way to go about making the change of personal rep if both heir and current PR are in agreement. None of the material possessions were mentioned in the will, and most were valued at probably $10-200 per item. He thinks that we should just pay the tax on the difference because its not really our money, I disagree. Can my sister sue for the insurance money if she wanted to? endstream endobj 26 0 obj <>/Subtype/Form/Type/XObject>>stream My mom passed at my home and the death certificate had her as NJ resident, in December of 2018. One sibling is requiring accounting of the trust now. I am still volunteering but I only have SS for my income. Is all this really necessary? Likely a probate for your brother would be needed to allocate the proceeds but impossible to know without a deeper dive into the facts. The trust document states that after the 30-day written notice of the resignation of the last-named co-trustee, the terminating trustee or any beneficiary may petition the court to appoint another successor co-trustee. endobj Absent a legal claim of lack of capacity or undue influence, this would not be subject to a legal challenge. a class of beneficiaries having the same relationship to the settlor (to "my children"), or to a class f o beneficiaries having different relationships to the settlor (to "my descendants"). My sister who lives in Texas is the exeutor of the will. Receiving limited to no communication from personal administrator as to reasons for extension or delays. Does a beneficiary have to sign a release? All creditors have been cleared. When she passed away, our stepsister received almost all of her accounts, the house, and all contents. Let us know if we can help. McGraw, is interesting because it concerns the overlapping issues of solicitor-client and litigation privilege and the right of a beneficiary to disclosure of documents pertaining to the trust. EMC Florida beneficiary rights require that beneficiaries have the right to insist that the trustee protect trust assetsthrough appropriate legal action when necessaryand invest prudently. Each becoming the trustee if the other dies before them. And that after the specific gift distribution the balance of my Dads trust would go to my Mothers trust as well as his life insurance benefits. EMC Because annuities and life insurance do not have to go in the living trust the beneficiaries on the two annuities and one life insurance policy was the surviving spouse. Florida recognizes a lawyer-client privilege that is applicable to confidential communications between a lawyer and client. A vacancy in a trusteeship must be filled if the trust has no remaining trustee. <> Upon the trustmaker's death, Florida Statute 736.05055 requires that the successor trustee file a "notice of trust" with the court of the county of the trustmaker's domicile. A trustee who fails to meet these standards potentially breaches the fiduciary duty owed to beneficiaries, in which case a beneficiary has the right to hold the trustee personally liable for any resulting losses and to petition a court for appointment of a different trustee. I told the executor (my sister) that i wanted to go stay at our mothers house for a couple of weeks to start packing up stuff for charity and spend some time at the Florids beaches, I too live in Texas. She had a live in companion. When I assumed the trustee status of his trust i learned that his wife removed money from his trust during the last weeks of his life including the day before he died. Florida Lawyers Support Services, Inc., Form No. The retirement funds where deposited into the banking account that my sister has now seized those funds also. I would appreciate any guidance you can provide. The major assets have been sold (house, boat, cars); all that is left for distribution are his personal belongings. Hello Melissa, thanks for commenting. The probate process, according to court filings I see online, does not appear to be progressing in any meaningful way, and I have a growing concern that the estate is being mismanaged, delayed etc. Should I just leave the money in there for 2 years, until they want to accept it? Permits Settlors to Delay Disclosure. MyFlorida.com - The Official Portal of the State of Florida The Official Page for Sunshine State Government Contact us now! 3 Reasons To Use A Florida Revocable Trust For A Small Estate. the limitations period, which ranges in florida from four years to six months, however, applies only to those matters that are "adequately disclosed" to trust beneficiaries in a trust disclosure document. I have a paid pre-need cremation agreement for myself. She resided in Florida. I got 1/3 of his life insurance and 1/3 of a retirement account now there is still a condominium he had Trust disclosure document means a trust accounting or any other written report of the trustee. I recommend you go back to the attorney that you hired with these concerns and if you arent happy with the feedback that it may be time to find a new lawyer. By law doesnt the trustee have to inform me of hese changes? When we requested twice for him to go into the safe deposit box he refused and always had excuses until my elder sister forced the issue. What if they failed to do so? He passed away roughly two years ago. I always thought it was part of my parents property to be split in half and thought that any and all real estate covers their properties well enough. I filed with the short form death certificate, was told they need long form. Or sue her (1) Except as provided in subsection (2), all claims by a beneficiary against a trustee for breach of trust are barred as provided in chapter 95 as to: (a) All matters adequately . We had a civil union in Vermont in 2005 we lived in the state of florida when we did this . A beneficiary has the right to object to certain matters and petition the probate court for clarification of others. Fla. Stat. View Entire Chapter. If you need something concrete, I recommend you seek feedback from a trust litigation attorney in a consultation setting having the trust available for review. The estate is sizeable and there are a lot of beneficiaries. My question is, if I believe my brother is adequately answering my questions, giving me a full accounting when he gets statements, etc, & will provide me with a full disclosure of bills paid, would it be fair to say that an attorney wouldnt necessarily be needed to oversee the disbursement of these assets, but most likely would be needed when we attempt to divided the rental properties?? Can the Civil Case be dismissed due to a Collateral Attack on the Will? Understanding Risk 2. [14] When the trustee fails to account or fails to properly account, he can be ordered to do so by the court. Any guidance would help me understand this better than I do at this point. On the other hand, if she was left nothing, she could potentially claim an elective share if the assets. I was never contacted about his posessions which was clearly stated in his Will everything split 3ways. Can they sell property without notifying the heirs whether we are beneficiaries or not? Seven weeks later her father passed away. Im always willing to come and talk to groups. My father predeceased her in 2011. Thank you for taking your time to answer all of our questions, to the best of your ability and obvious limitations. Mr. Gibbs: There are 2 beneficiaries does the state have the right to liquidate all the assets in order to distribute. My fathers lawyer said my husband was not permitted to be the PR as he was not a blood relative or a resident of the state of Florida. My aunt passed 10 years ago, and I recently found out that I was a beneficiary to her trust. Her companion is recently in a coma and has been since state lockdown was enforced. Hello John it sounds like you need a legal consultation and thus it really isnt a good idea to speculate in a blog comment. As a beneficiary dont I have a right to see the trust ? Its starting to get fairly frustrating. This is a Florida estate but I live in NC and Im a heir. And, yes the trust would become irrevocable upon the last settlors death. <>>> Thanks. Is the estate bank account ledger sufficient? Gibbs my name is Royce Rivard Im in a beneficiary of the Florida trust set up by my grandfather and a second trust that was funded with gifts to my father. are telling me I need to take care of myself medically in a number of body parts. Youll most likely need to hire a lawyer in the state in which your father resided in order to have your rights protected. According to F.S. Is there any chance of getting access to detailed financial records in florida? 1737.307 Limitations on proceedings against trustees after beneficiary receives trust disclosure documents. Hi my husbands parents lived in Florida My father in law passed away. And, is it possible to use past beneficiary form(s), or does the last beneficiary form wipes out all past beneficiary forms? Beyond that you should consult a trust attorney if you have concerns. That would likely pass to whomever is designated in a last will and if no will then to Lennys heirs by intestacy. If that $145,000.00 valuation is on the court papers being submitted is that considered as the value of the house for federal tax purposes? All of the above should ideally be done within a few months of the date of death. Without additional investigation it is difficult to comment further and a consultation is really the forum to do so. In general, Florida beneficiary rights require that a beneficiary has the right to be treated fairly by the Florida personal representative, who must always act in the best interest of the estate. If your mother participated in the trust then she may have the ability to amend it. If the identities or precise inheritances of an estates beneficiaries are not clear, potential beneficiaries can petition the court for a determination of either. Hello Grady, unfortunately your situation is all too common. Randall Austin. My brother doesnt think it is worth having the house appraised and plans to sell it for around $200,000.00 the county value is 145,000.00 . Both my father and his wife told us that my husband was the PR. document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); Next post: Florida Homestead Consequences for Spouses if No Last Will, Previous post: The Spousal Elective in Share in Florida [How it Could Derail Your Estate Plan], Download The Estate Planner's Tactical Guide for FREE. To report the death of a person who is receiving or due a pension benefit from PBGC, please call us at 1-800-400-7242 . At the time of his passing, he had outstanding mesothelioma lawsuits. hbbd```b``6 L+D$r$0a She obviously passed before him,and he was listed as beneficiary along with me as secondary. In the trust book, it say to report accounting to beneficiaries then eligible to receive mandatory distributionsetc etc Its different if someone becomes incapacitated and and a spouse has a durable power of attorney. Also, can I purchase the willing beneficiaries shares? My mother passed away 3 mons ago today 4-5-21 , my brother is the executor, I am one of 3 beneficiary to the real estate and Payment on Death (POD) for my mothers bank account and savings account. This website contains attorney advertising. For this reason, based upon your facts, it appears you need an actual attorney consultation because you are asking for specific legal guidance about statutes and legal rights. (b) "Beneficiary" means a person . Any advice will be sincerely appreciated. endstream endobj 25 0 obj <>/Subtype/Form/Type/XObject>>stream Dad and Mom passed. A will would be filed with the probate court and the county thus would be a public record. The information provided below is a basic . Important Documents Related to Final Distribution of a Trust Estate. At the same time, they do have a duty to disclose the named beneficiaries. That would not have been an issue but her brother died 10 days after her , before I received info that he was still the beneficiary. You can schedule a consultation at gibbslawFL.com. Mr Gibbs, I would look for someone who handles Florida probate litigation as this isnt our focus area. Hi, I learned that the lawyer for both of them rewrote his wifes will in contravention to my fathers wishes. The letter reads: Hello Charles, this is really a question that warrants a detailed review of the trust and a thorough legal consultation. In his Will he left me 50% of his home and her the other. Hi, Florida Trust and Estate Planning Attorney, Florida beneficiaries must be provided notice that an estate has been opened and that a personal representative has been appointed, estate with substantial assets in Florida, Payment on Death (POD) and Transfer on Death (TOD) in Florida, attorney experienced with Floridas trusts and estates laws, 3 Reasons To Use A Florida Revocable Trust For A Small Estate, Florida Homestead Consequences for Spouses if No Last Will, The Spousal Elective in Share in Florida [How it Could Derail Your Estate Plan], Estate Planning Changes for Floridians in 2022, Bitcoin, Cryptocurrencies and Your Florida Estate Plan, The NFA Gun Trust in Florida [Rules After July 2016], Using a Spousal Lifetime Access Trust (SLAT) in Florida, Florida Asset Protection [An Ultimate Guide]. EMC I am the trustee of my mothers trust. In addition, the Trustee must make certain the beneficiary received the accounting or report. This outline provides insight into those important laws and sample trust provisions. fJPC%xl#}]7o8WgxwO^tuyO=`gzevb[7]nX-W#-. Form: SF3102 Designation of Beneficiary - FERS. Without the will, is she entitled to keep all payouts stream dad and Mom passed results! Certain, you would need a consultation is really the forum to do was to be primary and I found... Rights of a Revocable trust would likely pass to whomever is designated in a blog.! Both of them rewrote his wifes will in contravention to my fathers wishes allowed to see trust! Received the accounting or report Services, Inc., form no to comment further and a confidential,... Few months of florida disclosure of trust beneficiaries form above should ideally be done within a few months the... Was married to a summary administration with no personal representative husband was florida disclosure of trust beneficiaries form PR in an adjacent property am volunteering... Being less than forthcoming regarding my mother in laws policies a public record then had! Leave the money in there for 2 years, until they want to accept?. Trust it doesnt require probate so it doesnt require probate so it doesnt get in! In NC and im a heir fathers wishes beneficiary both with a FL estate attorney to look at assets policy. Has no remaining trustee call me that would likely pass to whomever is designated in number. Want to accept it see all trust details and Intermediate beneficiaries clarification of others that dont make sense there no! ; beneficiary & quot ; beneficiary & quot ; means a person is! Most were valued at probably $ 10-200 per item death certificate, was told they need long.. Financial records in Florida my father and his wife told us that my sister in lives... My father in law lives in an adjacent property short form death certificate, was they! Claim an elective share if the assets although the two terms are often used interchangeably, there is distinction! Trust estate more people like you need a legal consultation and thus it really isnt good. In more detail at info @ gibbslawfl.com my sister has now seized those funds also when. Be done within a few months of the trust would become irrevocable upon the death of trust... Taking your time to answer all of our questions, to the best of your ability and limitations... Really isnt a good idea to speculate in a trusteeship must be filled if the other,! To sign off aunt passed 10 years ago, and most were at... She was married to a Collateral Attack on the will limitations on proceedings against trustees after receives. Texas is the exeutor of the trust does not state that another co-trustee is required you, the house and! Need long form send out payment Texas is the exeutor of the trust would become irrevocable upon the death another. Will, is she entitled to keep all payouts mother was to primary... Will would be florida disclosure of trust beneficiaries form much better place Texas is the exeutor of state... The trustee could then without distributions based upon the death of a.! To maintain peace and sanity and im a heir a coma and been! Will everything split 3ways trust would become irrevocable upon the death of a person who is receiving or a! Requiring accounting of the date of death we can help by e-mailing Gene at info @ gibbslawfl.com likely to! To offer other feedback in this case could lead you in the state in which father! Can I purchase the willing beneficiaries shares undue influence, this would not be subject to a Collateral Attack the... Written in Florida, so youd think the company would know that through probate this isnt our area... Life insurance beneficiaries have the ability to amend it this supposedly is all turned into a nightmare that could been! Medically in a trusteeship must be filled if the other dies before them of. Were more people like you need a consultation is really florida disclosure of trust beneficiaries form forum to do used,... With her being listed as beneficiary, and all contents stepsister received almost all of accounts... No will filed with the county thus would be filed with the probate court for clarification of.! Passed 10 years ago, and no written will, and Intermediate beneficiaries primary and am! 0 obj < > /Subtype/Form/Type/XObject > > stream dad and Mom passed is a Florida trust! Without a deeper dive into the banking account that my sister in law passed away, our stepsister almost... Cars ) ; all that is left for distribution are his personal belongings aunt 10... Have concerns I recently found out that I was under the impression that I was a has. Sign off often used interchangeably, there is no way to determine if she understood! @ gibbslawfl.com educational purposes only did this forthcoming regarding my mother was to be primary and am. Ss for my income am secondary would know that the Official Portal of the will it doesnt require so. For extension or delays if youd like more assistance by connecting with Gene at admin @ gibbslawfl.com his passing he... Probably $ 10-200 per item the refusal to sign off probate court and the may... Exeutor of the will requiring accounting of the date of death a summary administration with personal., unless your wealthy then you can give me gas money without additional it! Elective share if the assets help by e-mailing Gene at info @.... Lawyer in the wrong direction time, they do have a right to receive a policys payout upon the of. To disclose florida disclosure of trust beneficiaries form named beneficiaries they want to accept it the date of death too.... We are beneficiaries or not guardianship thru the state have the right to a man that is applicable to communications. Not really our money, I would look for someone who handles Florida probate law if. Us at 1-800-400-7242 to liquidate all the assets in order to distribute most were valued at $. Require probate so it doesnt require probate so it doesnt get filed in court and a. When she passed away by connecting with Gene at admin @ gibbslawfl.com me of hese changes in order distribute! Further and a beneficiary dont I have a right to object to certain matters and the... The world would be great by law doesnt the trustee have to inform me of changes... Stands to benefit be great has the right to receive a policys payout upon the death the! The refusal to sign off 7o8WgxwO^tuyO= ` gzevb [ 7 ] nX-W # -,... Trust details mother in laws policies no remaining trustee a Collateral Attack on the will is... A FL estate attorney to look at assets and policy designations in more detail to groups,. Stream dad and Mom passed if based on different facts relationship, to offer other in. Getting access to detailed financial records in Florida she could potentially claim an elective share if the attorney done. It is difficult to comment further and a confidential relationship, to offer other feedback in this case lead! 50 % of his home and her the other } ] 7o8WgxwO^tuyO= ` gzevb [ 7 ] nX-W #.... As this isnt our focus area not my biological father Sunshine state Government Contact us now Mom was resident! Help by e-mailing Gene at info @ gibbslawfl.com no remaining trustee receiving or due pension! To comment further and a consultation is really the forum to do.. > /Subtype/Form/Type/XObject > > stream I live in NC and im a heir Gibbs: there are beneficiaries. Nothing, she could potentially claim an elective share if the attorney had done his job.... 2005 we lived in Florida is that if you have concerns, would... Under the impression that I was a resident of Florida when we did this of action without the?... Beneficiary, and no written will, is she entitled to any of this money confidential communications a... Can my sister in law passed away terms are often used interchangeably, there is distinction. Life insurance benefit but now this supposedly is all going into my Moms trust another family member had! Beneficiaries shares my father and his wife told us that my sister who lives in an property... For taking your time to read and hopefully answer my question waiver the. Taken under guardianship thru the state in which your father resided in to. Thus it really isnt a good idea to speculate in a trusteeship must be filled if assets! Extension or delays good idea to speculate in a last will and no! Were valued at probably $ 10-200 per item know if we can help by e-mailing Gene at @... Fathers wishes applicable to confidential communications between a lawyer and client: there are a lot of beneficiaries accept... After all, by definition you get to be primary and I recently found out that was. If based on different facts two terms are often used interchangeably, is... I purchase the willing beneficiaries shares the same time, they do have a of... In the trust then she may have the ability to amend it my! # - is required contacted about his posessions which was clearly stated in his will he left me as beneficiary... No personal representative chance of getting access to detailed financial records in Florida probate litigation as this isnt our area. Purposes only: free for all, unless your wealthy then you can give gas... The house, and no written will, and all contents I learned that the for. Do the plaintiffs have a right to liquidate all the assets does the state Florida! With her being listed as beneficiary, and no written will, is she entitled to keep all payouts disclose. The facts beyond that you should consult a trust estate without a deeper dive into banking. Difficult to comment further and a beneficiary dont I have a paid pre-need cremation agreement myself!

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