If you are considering changes to an existing trust in Mountain View, a trust modification petition can provide a clear legal pathway to update terms, correct errors, or address changed circumstances. Whether adjustments involve beneficiaries, distributions, trustee powers, or drafting ambiguities, a properly prepared petition helps present your requested changes to a court when informal amendment is not feasible. This guide outlines the steps involved, common reasons people pursue modifications, and how we approach these matters for clients throughout San Jose and the surrounding Bay Area. Our aim is to explain the process in straightforward terms and help you evaluate next steps for your family’s financial and legacy planning.
A trust modification petition is often needed when parties cannot agree on an informal amendment or when a trust’s terms are unclear or inconsistent with current law. California trust law provides mechanisms for court-ordered modifications to address mutual mistakes, unforeseen changes, or to correct drafting errors that affect administration. Understanding the grounds for modification and the likely outcomes helps you set realistic expectations. This introductory overview will prepare you for the detailed sections below on legal standards, typical timelines, potential impacts on beneficiaries, and practical tips to reduce conflict when seeking a modification in Mountain View or nearby jurisdictions.
Pursuing a trust modification petition can preserve the settlor’s intentions when circumstances change, protect beneficiary interests, and prevent costly disputes later in administration. Modification can correct drafting mistakes, adapt to changes in family dynamics, or update trustee powers to better suit contemporary financial realities. When done properly, court-ordered modifications provide legal certainty and a clear record of the change, reducing ambiguity for trustees and beneficiaries. This can also streamline future trust administration and avoid conflicts among parties. For individuals in Mountain View and the broader Bay Area, an effective petition balances legal strategy with careful communication among interested parties.
The Law Offices of Robert P. Bergman, based in San Jose and serving Mountain View and the Bay Area, focuses on estate planning matters including trust modification petitions, living trusts, wills, and related documents. Our approach emphasizes clear communication, practical solutions, and meticulous drafting to reduce the need for court intervention when possible. When court action is required, we pursue petitions with thorough documentation and careful attention to procedural requirements. The firm’s work includes preparing revocable living trusts, pour-over wills, powers of attorney, and trust amendments, helping clients preserve family assets and implement changes in a manner consistent with California law and client goals.
A trust modification petition is a formal request to the probate or superior court to change provisions of an existing trust when circumstances prevent a simple amendment. In California, petitions can seek relief for mutual mistakes, unanticipated changes in law, changed circumstances that frustrate the settlor’s intent, or to correct administrative or drafting errors. The court reviews the facts presented and determines whether the proposed modification aligns with the settlor’s probable intent and the interests of beneficiaries. Knowing the legal standards and typical evidence required helps interested parties prepare documentation and witness statements that support the requested modification.
When filing a petition, it is important to identify the specific sections of the trust that are at issue and to present clear, factual support for why modification is warranted. Possible evidence includes declarations from involved family members, copies of relevant financial records, drafts or prior versions of the trust, and any correspondence demonstrating intent or mistake. The court may allow modifications that are narrowly tailored to preserve the overall trust structure while addressing the problematic provisions. Understanding these procedural elements and preparing thorough documentation improves the likelihood of a favorable resolution for the parties involved.
A trust modification petition asks the court to alter the terms of an existing trust when informal amendment is not possible or appropriate. The petition must outline the reasons for the requested change, cite the applicable legal basis under California law, and identify the precise changes sought. Courts will consider whether modifications reflect the settlor’s intent or remedy a mistake without undermining the trust’s overall purpose. The process typically involves notice to interested parties, opportunities for objections, and sometimes hearings. Understanding this framework helps petitioners and beneficiaries navigate timelines and anticipate potential outcomes.
Successful petitions generally include a clear statement of facts, supporting declarations, proposed modified trust language, and a legal argument tied to the appropriate statutory authority. Notice requirements must be met so beneficiaries and other interested parties are informed and have an opportunity to respond. The court may schedule mediation, solicit additional evidence, or hold a hearing before ruling. Petitions sometimes resolve by stipulation among parties, but contested matters may require more extensive litigation. Preparing a complete record from the outset promotes efficiency and helps the court evaluate whether the requested change aligns with the settlor’s intent and the interests of all parties.
Understanding the terminology used in trust modification matters aids meaningful participation and clearer decision-making. Terms such as settlor, trustee, beneficiary, amendment, modification, and cy pres often arise in filings and hearings. Familiarity with these words can reduce confusion when reviewing petitions, drafting proposed changes, and responding to notices. This section highlights commonly used terms and explains their practical significance in California proceedings. With these definitions, clients and family members can better follow court filings and discuss options for resolving trust issues with confidence.
The settlor is the person who created and funded the trust and whose intentions guide trust interpretation and modification. In a modification petition, demonstrating the settlor’s original intent or showing that unforeseen circumstances have frustrated that intent is often central to the court’s decision. Evidence relevant to the settlor’s intent can include the trust document itself, earlier drafts, correspondence, and testimony from those familiar with the settlor’s wishes. Courts weigh this evidence carefully to honor the settlor’s probable objectives while ensuring fairness among beneficiaries and compliance with statutory requirements.
A proposed modification is the precise change the petitioner asks the court to approve, usually presented as revised trust language or an amendment attached to the petition. The proposed text should be narrowly tailored to address the identified problem without altering unrelated provisions. Clear drafting reduces the chance of further disputes and gives the court a concrete basis for ruling. Courts prefer modifications that reconcile issues while preserving the trust’s overall plan, and a well-crafted proposed modification helps illustrate how the change accomplishes that goal in a legally sound manner.
The trustee is the person or entity responsible for administering the trust, managing assets, and carrying out distributions according to the trust’s terms and any court-ordered modifications. Trustees owe fiduciary duties to beneficiaries, including duties of loyalty and care, and they play a central role when a modification is sought because they may be required to implement changes if the court approves them. Trustees should provide transparent accounting and cooperate with the court process to facilitate fair outcomes while protecting trust assets and following any directions imposed by the judge.
A beneficiary is anyone entitled to receive property, distributions, or other benefits from the trust under its terms. Beneficiaries have legal interests that require notice when a modification petition is filed, and they may object if they believe a proposed change is contrary to the settlor’s intent or their rights. The court will consider beneficiary interests closely, balancing the settlor’s objectives with fairness and statutory criteria. Beneficiaries may participate by submitting declarations, attending hearings, or negotiating settlements when possible to reach an agreed resolution.
When considering changes to a trust, you can often choose between informal amendments and a formal court petition. Informal amendments are suitable when all interested parties and the trustee agree and documentation exists to reflect the settlor’s intent. Court petitions are appropriate when a unanimous amendment is not possible, the settlor is unavailable, or there are legal obstacles such as drafting errors or changed circumstances that warrant judicial approval. Each route carries different timelines, costs, and risks; weighing these factors in light of family dynamics and legal standards helps determine the best path for a given situation in Mountain View or the surrounding Bay Area.
An informal amendment can be sufficient when the settlor or all interested parties and the trustee agree to the change and the trust’s terms permit amendment without court action. This route often avoids the time and expense of a formal petition and can be completed through clear, signed documentation that reflects the change. However, it requires full cooperation and careful drafting to ensure the amendment is legally effective under California law. Informal resolution also reduces public court involvement and can preserve family privacy when relationships and communications remain cooperative and transparent.
A limited amendment may suffice when the issue is narrow and supported by clear evidence such as a drafting error or an agreed correction reflected in prior drafts. If parties can document the settlor’s intent in writing and the trustee will implement the change, formal court involvement may be unnecessary. Careful attention to the amendment’s language is important to avoid unintended consequences. Even when opting for a limited approach, consider consulting about notice to beneficiaries and the method of executing the amendment to maintain compliance with the trust’s terms and California law.
Comprehensive legal action through a trust modification petition becomes necessary when beneficiaries disagree, the trustee disputes a proposed change, or conflicting interpretations of the trust exist. In such cases, court guidance can resolve disputes, protect beneficiary rights, and create an enforceable record of the modification. Court oversight can also address issues where the settlor is incapacitated or deceased and the necessary consensus for a private amendment is not attainable. The formal process ensures that legal standards are applied and that any approved modification is clearly enforceable under California law.
When proposed changes affect major asset distributions, trust administration powers, or long-term beneficiary rights, a formal petition provides the court with the documentation needed to ensure the modification is appropriate and legally sound. Complex changes may have tax implications or unintended downstream effects; involving the court helps create an authoritative ruling that addresses these concerns. Litigation-style preparation ensures that evidence is preserved, notice requirements are met, and potential objections are managed in a way that reduces the likelihood of future disputes over the same issues.
A court-approved modification provides legal certainty, reduces ambiguity for trustees, and creates a clear record that can prevent future disagreements among beneficiaries. It also ensures that the change conforms to statutory standards and protects the interests of all parties through required notice and opportunity to be heard. In situations involving contested issues or substantial assets, the formal process can be protective by creating enforceable directions for trust administration. For families in Mountain View and the Bay Area, this certainty can preserve relationships and provide a stable plan for carrying out the settlor’s revised intentions.
Pursuing judicial approval allows the court to consider all relevant facts and render a decision that balances settlor intent with beneficiary protections. This reduces the potential for costly re-litigation or challenges during trust administration. A comprehensive approach ensures careful review of documents, factual declarations, and proposed language, which can be especially valuable when the trust involves multiple beneficiaries, complex asset structures, or sensitive family matters. The resulting court order provides a durable resolution and a roadmap for trustees to follow when implementing the approved modifications.
One primary advantage of a court-approved modification is that it transforms a contested or ambiguous change into an enforceable court order that trustees and beneficiaries must follow. This legal certainty reduces the risk of later challenges and simplifies administration by giving trustees a clear directive. Courts also have the authority to tailor orders to address fairness concerns and protect vulnerable beneficiaries. For families with significant or diverse assets, enforceability and clarity can prevent disputes that would otherwise deplete trust resources and damage relationships during administration.
A comprehensive, court-supervised process helps ensure that modifications respect the settlor’s intent while protecting the legal rights of beneficiaries. Courts require notice and allow objections, which promotes transparency and gives all interested parties a voice. This procedure can correct mistakes or update provisions without unfairly disadvantaging certain beneficiaries. By creating a formal record and potentially resolving disputes through negotiated stipulations under judicial oversight, the court process promotes fair outcomes and reduces the likelihood of future litigation during trust administration.
Before filing a petition, collect all relevant documents such as the trust instrument, prior drafts, beneficiary communications, financial records, and any correspondence reflecting the settlor’s intent. Clear documentary evidence supports claims of mistake, changed circumstances, or intent and assists the court in evaluating the requested modification. Declarations from knowledgeable parties that recount specific conversations or decisions can further strengthen the factual record. Providing a thorough, well-organized packet helps streamline the court’s review and reduces the likelihood of delays caused by requests for additional information.
When drafting the proposed modification, be precise and narrowly tailored to fix the identified problem without altering unrelated provisions. Courts are more likely to approve modifications that correct mistakes or adapt to changed conditions while preserving the trust’s overall plan. Overbroad requests can provoke objections and create unnecessary litigation. By focusing on limited, well-documented changes and presenting clear proposed language, petitioners increase the likelihood of a favorable outcome and reduce the risk of unintended consequences for trustees and beneficiaries.
People seek trust modification petitions for reasons including corrections of drafting errors, resolving ambiguities, updating distributions after major life events, or adjusting trustee powers in light of changed financial circumstances. When a trust’s original provisions no longer reflect the settlor’s intention or create administrative difficulties, a petition can realign the document with current realities. Filing a petition also creates a formal record and offers judicial oversight that helps protect beneficiary interests. Considering these factors helps determine whether a private amendment or a court petition is the more appropriate path given the family’s specific situation and the trust’s complexity.
Additional reasons to pursue a petition include correcting errors that could jeopardize distributions, addressing tax or asset issues that were unanticipated when the trust was drafted, and clarifying trustee duties to avoid future disputes. When the settlor is unavailable and affected parties cannot reach agreement, the court can provide a binding resolution that preserves the settlor’s probable intent while protecting beneficiary rights. The petition process also allows the court to balance competing interests and issue orders that promote fair, practical administration of the trust going forward.
Typical circumstances include errors in drafting that create ambiguity, changes in family composition such as births or deaths, divorce or remarriage that affect beneficiary designations, or financial developments that make existing distribution schemes impractical. Other reasons include changes in tax law, the incapacity of a trustee, or newly discovered assets that require adjustments. When a trust’s terms no longer align with the settlor’s intent or practical administration, affected parties often turn to a court petition as a formal mechanism for resolving those issues under California law and ensuring fair outcomes for all beneficiaries.
Drafting mistakes, omissions, or ambiguous terms in a trust can lead to confusion and disputes during administration. A trust modification petition can clarify intent, correct misstatements, or reconcile inconsistent provisions to prevent misinterpretation. Courts consider the settlor’s probable intent and the surrounding circumstances to determine an appropriate remedy. Correcting these issues through a formal petition creates an authoritative instruction for trustees and beneficiaries, reducing the risk of future litigation and ensuring that distributions and administrative actions follow a clarified plan.
Events such as births, deaths, divorces, or changes in financial dependency often require revisiting trust terms to reflect current family realities. When beneficiaries’ needs or relationships change, a petition can adjust distributions or trustee responsibilities to align with the settlor’s likely preferences. Courts evaluate such requests against the original intent and consider fairness among beneficiaries. Using a formal petition provides a documented court order that guides trustees in administering the trust in light of those changed circumstances, reducing uncertainty and conflict among interested parties.
If a trustee becomes incapacitated, unwilling, or ineffective, a petition may be needed to modify trustee powers or appoint a successor to ensure proper administration. Trust modification petitions can also address structural management problems, clarify decision-making authority, or adjust powers to better handle contemporary financial arrangements. Courts may evaluate whether proposed changes preserve the settlor’s intentions while protecting beneficiaries, and they can issue orders that facilitate smooth transitions in trustee responsibilities and reduce administrative interruptions.
The Law Offices of Robert P. Bergman serves clients in Mountain View and nearby communities, offering representation for trust modification petitions and related estate planning needs. Whether you need to correct a drafting error, adapt a trust to new family circumstances, or pursue a court-ordered change, we assist with preparation of petitions, required notices, and proposed modified language. Our approach focuses on clear communication with clients and interested parties to pursue efficient resolutions. We work to protect beneficiary rights and to guide trustees through the procedural steps required under California law for a successful modification process.
Clients choose the Law Offices of Robert P. Bergman for thoughtful, practical representation in trust-related matters, including petitions to modify trusts. Based in San Jose and serving Mountain View, the firm combines thorough document preparation with careful attention to procedural detail to present persuasive petitions to the court. We prioritize clear explanations of options, realistic timelines, and strategies that preserve family relationships when possible while protecting legal rights. Our practice covers a broad range of estate planning documents such as revocable living trusts, wills, and powers of attorney to ensure comprehensive support.
When litigation or court involvement is required, we prepare petitions that clearly identify the grounds for modification, present supporting evidence, and propose precise revised language for the trust. We emphasize compliance with notice requirements and work to minimize delays by anticipating common evidentiary issues. Our goal is to guide clients through the process with transparency and to seek outcomes that align with the settlor’s intentions while safeguarding beneficiary interests. We focus on efficient resolution whether the matter can be handled by stipulation or requires a contested hearing.
Beyond petitions, the firm helps clients update and coordinate related estate planning documents such as pour-over wills, advance health care directives, powers of attorney, and beneficiary designations to ensure consistency across a comprehensive plan. This holistic approach reduces the risk of future conflicts and supports orderly administration. For residents of Mountain View and the surrounding Bay Area, our practice offers accessible legal representation and clear guidance on the strategic considerations involved when modifying trust terms and implementing long-term estate planning goals.
Our process begins with a focused review of the trust document and relevant materials to identify the specific issues that warrant modification. We advise on whether a private amendment or a court petition is appropriate and outline the steps, timeline, and likely costs. For petitions, we prepare the filing, serve required notices to beneficiaries and interested parties, draft proposed modified language, and coordinate declarations and supporting exhibits. Where possible, we pursue negotiated resolutions to reduce time and expense, while preparing to present a well-documented case to the court if a hearing becomes necessary.
The first step is a comprehensive intake to review the trust instrument, any prior drafts, and related estate planning documents to identify the legal and factual basis for modification. We gather evidence such as correspondence, financial records, and declarations from parties familiar with the settlor’s intent. This phase includes identifying all interested parties who must receive notice and evaluating potential objections. A careful assessment helps determine the most efficient strategy, whether pursuing an informal amendment or preparing a formal petition for court review.
We examine the trust instrument, amendments, and related documents such as wills, powers of attorney, and lists of assets to identify ambiguities, inconsistencies, or drafting errors. Reviewing prior drafts and communications that reflect the settlor’s intent provides context for the requested modification. This detailed review forms the basis of a persuasive petition, clarifies which provisions to modify, and informs the drafting of proposed language to submit to the court. A thorough record reduces the likelihood of procedural delays and strengthens the factual presentation of the case.
An essential early task is compiling a list of beneficiaries, trustees, and other interested parties who must receive formal notice under California law. Proper notice preserves the rights of those affected and protects the petition from procedural challenges. We manage the service process and document compliance so the court can proceed without question of defective notice. Taking care with notifications also helps set expectations among parties and can open opportunities for negotiation prior to any hearing.
Once the factual record is assembled and notice requirements identified, we draft a petition that sets forth the requested modifications, legal basis, and supporting evidence. The petition includes proposed revised trust language and declarations from relevant individuals. We then file the petition with the appropriate superior court and handle service of the petition and supporting documents on all interested parties. Accurate, persuasive drafting and strict compliance with filing protocols increase the chances the court will accept the petition for consideration without procedural objections.
Drafting the proposed modification requires precision to fix the targeted issue without creating further ambiguity. We prepare redlined or clean versions of the revised trust language and include an explanation of how the change aligns with the settlor’s intent. Presenting clear proposed language helps the court understand the requested relief and provides trustees with explicit instructions to implement if the court approves the petition. Accurate drafting reduces the need for further litigation or additional amendments down the road.
After filing the petition, we manage service to beneficiaries and other interested parties and monitor for any objections or requests for additional information. We respond to motions or discovery demands, seek stipulations when possible, and prepare for hearings if parties cannot reach agreement. Timely management of responses and proactive communication with the court and opposing counsel helps keep the matter on track and increases the prospects for a fair resolution that addresses the settlor’s goals and protects beneficiary interests.
If the court schedules a hearing, we present the factual and legal record through declarations, proposed findings, and oral argument to explain why the requested modification is appropriate. The court may approve the petition, reject it, or issue a modified order. Once an order is entered, we assist trustees with implementing the changes, updating trust records, and coordinating related estate planning documents to ensure consistency. Proper follow-through ensures the trust administration proceeds in accordance with the court’s directive and the settlor’s revised intent.
At any hearing, clear presentation of the documentary record and supporting declarations is essential. We prepare exhibits, witness declarations, and legal briefs to demonstrate the appropriateness of the proposed modification. The objective is to show how the requested change corrects an error, adapts to changed circumstances, or clarifies intent without undermining the trust’s overall structure. Careful presentation helps the court reach an informed decision and reduces the chance of remand or additional litigation.
After the court issues an order, we assist trustees and beneficiaries in implementing the modifications, updating trust accounting, and coordinating related documents such as wills, powers of attorney, and beneficiary designations. Ensuring that all records reflect the approved change prevents confusion and supports consistent administration going forward. We also advise on any additional steps needed to comply with court directives and minimize the potential for future disputes during trust administration.
Courts in California consider several legal grounds for modifying a trust, including mutual mistake, unforeseen circumstances that frustrate the trust’s original purpose, and clerical or drafting errors that make the document unworkable. A petition should show why the requested change aligns with the settlor’s probable intent or corrects an objective error in the document. Supporting evidence often includes the trust instrument, prior drafts, correspondence, and declarations from individuals with firsthand knowledge of the settlor’s wishes. Petitions are evaluated on their facts and legal merit, and the court balances the settlor’s intent with beneficiary protections. Demonstrating a clear factual record and presenting narrowly tailored proposed language increases the likelihood that the court will grant relief appropriate to the situation.
The timeline for a trust modification petition varies depending on the complexity of the issues, the need for discovery or additional evidence, and whether parties reach a stipulation. Uncontested matters that are well-documented and agreed upon can conclude more quickly, while contested petitions involving multiple parties or significant assets may take several months or longer to resolve. Calendaring and court availability in the relevant superior court also influence timing. Preparing a complete petition with thorough supporting documentation and serving all interested parties promptly helps avoid procedural delays. Engaging in early communication and attempting to negotiate stipulations can also shorten the process and reduce the need for extended hearings or litigation.
Yes. California law requires notice to beneficiaries and other interested parties when a trust modification petition is filed. Proper notice is essential to protect the rights of those who may be affected and to allow them to object or participate in the proceedings if they wish. The petition must identify all interested parties and comply with statutory service requirements to prevent procedural challenges. Providing timely notice also encourages transparency and may open opportunities for negotiation or settlement that resolve disputes before a hearing. Keeping beneficiaries informed and giving them a chance to respond supports fairness and helps the court consider all relevant perspectives before ruling.
A court may modify a trust after the settlor’s death when the modification is needed to reflect the settlor’s probable intent, to correct a mistake, or to address circumstances that frustrate the trust’s purpose. The court examines the trust document, related evidence, and pertinent facts to determine whether the proposed change aligns with what the settlor likely wanted. Post-death modifications require careful proof that the requested change is consistent with the settlor’s objectives. Because the settlor is no longer available to testify, the court relies on documentary evidence, prior drafts, and declarations from people who had direct knowledge of the settlor’s wishes. Presenting a clear factual record helps the court reach a decision that honors the settlor’s intentions while protecting beneficiary rights.
If a beneficiary objects to a proposed modification, the court will consider the objection as part of the petition proceedings. Objections often trigger additional evidence gathering, declarations, and sometimes hearings to resolve factual disputes. The court’s role is to weigh the competing positions, assess the credibility of evidence presented, and determine whether the requested modification is justified under applicable law. Parties may also use negotiation or mediation to resolve objections and reach a stipulated modification that all parties accept. Resolving objections without protracted litigation can save time and expense and reduce strain on family relationships, but when objections remain, the court will make a binding determination based on the record.
Alternatives to a formal petition include executing a private amendment when the trust’s terms permit amendment and all interested parties and the trustee agree to the change. A private amendment is faster and less expensive but requires clear consensus and careful documentation to avoid later challenges. Another alternative is seeking a settlement or stipulated modification filed with the court, which combines private agreement with judicial approval for enforceability. When parties cannot reach agreement or when legal obstacles exist, a formal petition may be the most reliable way to obtain a binding resolution. Consulting about the options helps determine whether negotiation, private amendment, or court petition best fits the circumstances.
Costs vary depending on the complexity of the petition, the amount of time spent preparing documentation and declarations, and whether the matter is contested. Simple, uncontested petitions that resolve by stipulation typically cost less than contested matters that require discovery, multiple hearings, or extensive motion practice. Court filing fees and service costs are additional considerations. We provide an initial assessment to estimate likely costs and outline potential variables that could affect total fees. Investing in careful preparation and clear documentation can reduce the risk of disputes that increase costs later. Early communication among interested parties and attempts to reach agreement may also lower expenses while still achieving the necessary modifications to the trust.
Yes. Trustee powers can be expanded or limited through a petition when doing so aligns with the settlor’s intent or addresses administrative needs such as appointing a successor trustee, clarifying authority to manage investment decisions, or imposing specific duties. The petition must explain why the change is necessary and present evidence supporting the request, whether the issue concerns trustee incapacity, misconduct, or simply the need for modernized administrative provisions. Courts will balance the requested changes against the trust’s overall purpose and beneficiary protections. Clear proposed language and supporting documentation help the court tailor orders that guide trustees in administering the trust responsibly and in accordance with the settlor’s probable wishes.
A trust modification petition can sometimes have tax or creditor consequences depending on the nature of the changes and the timing of the modification. For example, changes that affect ownership interests or beneficiary rights could have implications under estate or income tax rules. Creditors may also assert claims depending on the circumstances and timing of asset transfers or trust revisions. It is important to analyze these potential effects before finalizing a proposed modification. Coordinating with financial advisors and reviewing the broader estate plan helps identify and address tax or creditor issues that might arise. Where necessary, petitions can be drafted to minimize unintended consequences and to provide clear directives that preserve the settlor’s objectives while managing legal and financial risks.
Before filing, organize the trust document, any earlier drafts, correspondence reflecting the settlor’s intent, financial records, and declarations from individuals familiar with relevant facts. Create a timeline of events and gather any documents that show changed circumstances or errors in the original drafting. This preparation supports a clear factual narrative and strengthens the petition’s evidentiary foundation. Also compile a list of beneficiaries and interested parties for proper notice and consider attempts at early communication or mediation to resolve disputes where feasible. Well-prepared documentation and thoughtful outreach to affected parties improve the chances of a timely and satisfactory resolution, whether by stipulation or court order.
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