If you live in Inyo County and are planning for the future, a clear, well-structured estate plan protects your assets, health care decisions, and family wishes. At the Law Offices of Robert P. Bergman, we focus on creating practical plans that reflect California law and the unique needs of each client. Our practice helps people prepare documents like revocable living trusts, wills, powers of attorney, and health care directives so that personal and financial affairs are organized and transferable according to each client’s goals. This introduction explains what an estate plan can do and why planning matters for residents across Inyo County.
Many clients come to us seeking to simplify probate, preserve privacy, and designate clear directions for care and asset management. In Inyo County, where family circumstances and property ownership can vary, a tailored approach ensures your plan aligns with local real estate and community considerations. We help families anticipate changes, minimize delays after incapacity or death, and structure arrangements that protect heirs and beneficiaries. This paragraph outlines how we collaborate with each client to create documents that reflect personal priorities, reduce administrative burdens, and provide peace of mind for the future.
A thoughtful estate plan provides a roadmap for distributing assets, naming guardians for minor children, and assigning decision-makers for health and finances if incapacity occurs. For Inyo County residents, such planning can avoid lengthy probate proceedings, preserve family privacy, and reduce stress for loved ones during difficult times. Beyond asset distribution, estate planning establishes instructions for retirement accounts, trust arrangements, and charitable wishes. Preparing these documents now helps ensure your intentions are followed and that your family has clear guidance, minimizing conflict and providing practical protection for both short-term needs and long-term objectives.
The Law Offices of Robert P. Bergman serves clients across California with a focus on estate planning, trust administration, and related matters. Our practice brings decades of experience drafting revocable living trusts, wills, powers of attorney, and advance health care directives, and guiding families through trust funding and probate alternatives. We prioritize clear communication, practical strategies, and plans tailored to individual goals. Whether you live in Inyo County or elsewhere in California, our approach emphasizes durable documents, careful attention to family dynamics, and solutions that honor clients’ wishes while addressing legal and financial realities.
Estate planning encompasses a set of legal tools designed to manage your assets and personal affairs during life and after death. Common components include revocable living trusts, pour-over wills, powers of attorney, and advance health care directives. A revocable living trust allows assets to be managed during your life and distributed at death without formal probate in many cases, while a pour-over will complements the trust by capturing assets that were not transferred during life. Understanding how each document operates, how they work together, and how they interact with California law is essential to creating an effective plan for your family’s future.
Beyond core documents, estate plans may include specialized arrangements such as irrevocable life insurance trusts, special needs trusts, retirement plan trusts, and pet trusts to address unique family circumstances. Establishing durable powers of attorney and health care directives ensures that trusted people can make decisions for you if you cannot. The funding of trusts, titling of assets, and beneficiary designations on retirement accounts are practical steps that determine how smoothly an estate plan will operate. We guide clients through these choices, balancing flexibility with the desire to avoid probate and minimize administrative burdens for heirs.
An estate plan is a coordinated set of legal documents that set out how you want your assets managed and distributed, who will make decisions on your behalf if you become incapacitated, and how to handle health care and guardianship decisions. Key documents serve different purposes: a trust helps avoid probate and can provide ongoing oversight of assets, a will names guardians and handles remaining items, and powers of attorney designate financial and medical decision-makers. Clear instructions, proper documentation, and timely updates keep a plan effective and aligned with changing family, financial, and legal circumstances.
Creating a robust estate plan includes inventorying assets, choosing trustees and agents, preparing documents such as revocable trusts and powers of attorney, and funding the trust by transferring asset titles or updating beneficiary designations. The process begins with a consultation to understand goals, followed by drafting documents tailored to those goals and applicable state laws. Once documents are signed, clients should review asset ownership and update accounts to match the plan. Periodic reviews help ensure the plan remains current after major life events like marriage, divorce, births, deaths, or changes in financial status.
Understanding estate planning terminology helps you make informed decisions. Terms like trust funding, probate, pour-over will, durable power of attorney, advance health care directive, and beneficiary designations describe specific functions and outcomes within a plan. Reviewing definitions and practical implications for each term clarifies how documents work together to protect assets and designate decision-makers. This section offers concise explanations so you can feel confident when selecting documents and naming agents. Clear familiarity with these terms supports meaningful discussions and helps ensure your final plan reflects your priorities and intentions.
A revocable living trust is a legal arrangement that holds title to assets during the grantor’s lifetime and distributes them at death according to the trust terms. It is typically flexible, allowing updates while the grantor lives, and can provide continuity of management if the grantor becomes incapacitated. Because assets titled in the trust normally bypass probate, this tool can reduce delays and public court involvement after death. Funding the trust—moving assets into it—ensures it functions as intended, and a complementary pour-over will addresses assets not transferred during life.
A durable power of attorney appoints someone to manage your financial affairs if you cannot do so yourself. The document remains effective during incapacity if it is drafted to be durable, and it can be tailored to grant broad or limited authority over banking, property, investments, and bill payment. Choosing a trustworthy agent and providing clear instructions helps ensure decisions align with your intentions. This document is a practical component of estate planning because it avoids the need for court-appointed conservatorship in many situations and supports uninterrupted management of your affairs.
A last will and testament sets out how remaining assets should be distributed at death, names an executor to administer the estate, and provides a way to name guardians for minor children. Wills generally must pass through probate to effectuate distributions, which can involve court oversight and public records. Many clients pair a will with a revocable living trust so that most assets transfer through the trust while the will captures items not retitled. Proper drafting and regular updates are important to reflect current relationships and property holdings.
An advance health care directive allows you to state preferences for medical treatment and to appoint a health care agent to make medical decisions if you cannot speak for yourself. It can include instructions about life-sustaining treatments, preferences for palliative care, and directions regarding organ donation or other specific wishes. Providing these directives in writing and sharing them with loved ones and medical providers helps ensure your health care preferences are honored. Clear appointment of a health care agent reduces uncertainty and supports compassionate decision-making aligned with your values.
When considering estate planning services, clients can choose limited-scope assistance for discrete tasks or a comprehensive plan that addresses long-term goals. Limited services might include drafting a single document or reviewing beneficiary designations, which can be enough for straightforward situations. In contrast, a full estate planning approach builds a coordinated set of documents and addresses trust funding, tax considerations, incapacity planning, and succession for complex family or asset structures. Comparing options helps clients decide what aligns with their needs, timeline, and budget.
A limited approach often meets the needs of individuals whose assets are modest, clearly titled, and supported by up-to-date beneficiary designations. If there are no minor children, no blended family issues, and no complex business or out-of-state property, drafting a will, powers of attorney, and basic health care directive may adequately protect your interests. This narrower path can be efficient and cost-effective while providing essential directions for health care and financial decisions during incapacity and clear instructions for distributing remaining assets after death.
Sometimes a single task such as updating a beneficiary designation, executing a durable power of attorney, or preparing a pour-over will is the immediate priority. In those circumstances, targeted services allow clients to address time-sensitive matters without undertaking a full plan. This approach can resolve pressing administrative or medical decision-making gaps quickly while leaving open the option to expand the plan later. Clear documentation of the specific goal and follow-up planning ensures short-term needs are met without creating unintended gaps.
Comprehensive planning is often necessary for families with blended relationships, minor children, special needs beneficiaries, or significant real estate and business interests. When multiple jurisdictions, retirement accounts, or tax considerations are involved, a coordinated plan reduces the risk of unintended consequences. A full strategy addresses trust formation and funding, guardian nominations, and durable decision-making powers, ensuring that transfer plans align with long-term family and financial goals while minimizing administrative hurdles after incapacity or death.
Clients who prioritize privacy, speed of distribution, and continuity of asset management often choose a comprehensive plan that uses trusts and clear titling to avoid probate. A trust-based plan can allow seamless management of assets if incapacity occurs and provide for ongoing oversight after death. In such arrangements, careful funding of the trust and coordination of beneficiary designations and account ownership are necessary to ensure the desired outcomes. A comprehensive plan anticipates future changes and provides a roadmap to maintain continuity and reduce court involvement.
A comprehensive estate plan coordinates multiple documents to work together, which helps reduce the risk of contradictions, overlooked assets, or unintended probate. By combining revocable trusts, pour-over wills, powers of attorney, and health directives, clients achieve a consistent framework for asset management, incapacity planning, and final distribution. This approach can preserve privacy, speed transfer, and provide ongoing oversight for vulnerable beneficiaries. A complete plan also supports orderly transition of family businesses and helps heirs understand their roles and responsibilities in administering estate affairs.
Another advantage of a comprehensive plan is the ability to tailor strategies to tax considerations, beneficiary needs, and long-term care possibilities. Arrangements like irrevocable life insurance trusts and special needs trusts address particular circumstances without jeopardizing access to necessary benefits. Properly funded trusts and aligned beneficiary designations minimize administrative delays and confusion for surviving family members. A well-coordinated plan offers clarity and reduces the burden on loved ones during times of loss or incapacity, creating practical protections and peace of mind.
When a plan uses trusts and clear titling, many assets transfer outside of probate, which reduces court oversight and public administration. This smoother path helps families avoid lengthy timelines and administrative fees that can arise in probate proceedings. Having powers of attorney and health care directives in place also prevents the need for court-appointed conservators in situations of incapacity. Overall, streamlined administration makes it easier for trustees and agents to manage and distribute assets in keeping with the grantor’s stated intentions.
Comprehensive planning enables tailored provisions for beneficiaries with special needs, minor children, or who require ongoing financial oversight. Trust structures can preserve eligibility for public benefits while providing for supplemental care and support. Legacy planning tools also allow clients to set conditions, create staged distributions, or establish trusts for charitable giving. These arrangements help ensure that future distributions support intended outcomes and protect beneficiaries from mismanagement or financial hardship, offering long-term safeguards for family and charitable goals.
Begin by compiling a detailed inventory of your assets, including real estate, bank accounts, retirement plans, life insurance, and personal property. Identify account owners, beneficiaries, and how each asset is titled. Prioritizing which assets should be placed in a revocable living trust and which can remain individually held will streamline the funding process. Knowing the full picture helps avoid surprises during administration and ensures beneficiary designations, account titles, and trust provisions work together to achieve your objectives without unintended outcomes.
Life changes such as marriage, divorce, births, deaths, changes in assets, or moves can affect how well your plan meets your goals. Schedule periodic reviews to confirm that documents, beneficiary designations, and asset titles remain consistent with your wishes. Updating powers of attorney and health care directives ensures current decision-makers are named. Regular review prevents lapses where outdated instructions could create disputes or unintended outcomes, and it keeps your plan aligned with evolving legal and financial circumstances.
Creating a comprehensive estate plan can safeguard family members from administrative burdens and reduce delay in transferring assets. For Inyo County residents, addressing local real estate, out-of-area property, and family dynamics through a coordinated plan helps avoid probate and keeps matters private. A plan also names trusted decision-makers for medical and financial matters, preserving your autonomy if you are unable to decide for yourself. These arrangements provide clarity, reduce uncertainty for heirs, and allow you to articulate how you want your assets and healthcare choices handled.
Estate planning also protects vulnerable beneficiaries by establishing trusts and distribution terms that consider long-term needs. Parents can name guardians for minor children, and individuals with special circumstances can set up tailored trusts to maintain access to government benefits. Planning can reduce tax exposure where relevant and provide mechanisms for continued management of family businesses or real property. Overall, a thoughtful estate plan translates personal wishes into practical legal tools that guide loved ones and preserve the legacy you intend to leave behind.
People seek estate planning when they acquire significant assets, start or expand a family, own a business, or want to protect a loved one with special needs. Other common triggers include approaching retirement, changes in health, second marriages, or inheriting property. Even younger adults can benefit from basic powers of attorney and health care directives. Identifying life events that prompt planning helps ensure your documents address current realities and reduce the likelihood of disputes or administrative complications later.
Parents often create estate plans to name guardians for minor children and to set up financial arrangements that care for their needs if something happens. Trust provisions can manage funds on behalf of minors until they reach specified ages or milestones, and pour-over wills can ensure that assets flow into a trust when necessary. Clear, written instructions about guardianship and financial care give peace of mind and reduce the risk of court involvement when protecting the welfare and future of children.
Owners of real estate, investment property, or business interests benefit from planning that addresses continuity, transfer methods, and management during incapacity. Titling property into trusts and coordinating ownership documents with succession plans helps avoid probate for real estate and supports orderly transition of responsibilities. Business owners can include provisions for management succession and buy-sell arrangements, which reduce uncertainty and potential conflict. Proper planning protects the value and operation of property and business assets for the next generation.
When a family includes a person with disabilities or special needs, planning focuses on providing financial support while preserving eligibility for government benefits and services. Special needs trusts can hold funds to supplement care without disqualifying beneficiaries from public programs. A comprehensive plan coordinates trustees, guardianship nominations if needed, and health care directives to ensure continuity of care. Thoughtful drafting and funding of these arrangements protect long-term interests and provide structured support for vulnerable family members.
We assist clients throughout Inyo County in developing estate plans that reflect local property considerations, family dynamics, and California law. Our services include drafting revocable living trusts, pour-over wills, powers of attorney, advance health care directives, trust funding guidance, and documents such as certification of trust and general assignments. We strive to make the planning process clear and manageable, offering practical recommendations to help clients avoid probate, protect beneficiaries, and ensure continuity of asset management over time for peace of mind and reduced administrative burden.
Clients choose our firm for responsive client service, careful document preparation, and practical guidance tailored to California law. We focus on creating documents that reflect each client’s wishes and on coordinating assets so plans operate smoothly. Clear communication and comprehensive drafting help reduce ambiguity and administrative delays during incapacity or after death. Our approach emphasizes straightforward solutions that align with clients’ goals while addressing common challenges such as trust funding, beneficiary coordination, and guardianship planning.
We assist clients with a full range of estate planning documents including revocable living trusts, last wills and testaments, powers of attorney, advance health care directives, and trust-related documents such as certification of trust and general assignments. For situations involving life insurance trusts, retirement plan trusts, special needs planning, pet trusts, or requests for trust modifications, we provide clear drafting and practical recommendations. Our goal is to create durable documents that minimize court involvement and make administration more predictable for families.
We also guide clients through post-signing matters like funding trusts, coordinating beneficiary designations, and preparing petitions when changes are needed, such as Heggstad petitions or trust modification petitions. Whether you need a straightforward will or a more detailed trust-based plan, we help you understand the options and implement a plan that addresses incapacity, asset transfer, and legacy objectives. Our focus is on clarity and reliability in preparing documents and planning for the future.
Our process begins with an initial consultation to learn about your family, assets, and goals, followed by a tailored plan recommendation and document drafting. After you review drafts, we finalize and execute the documents and provide guidance on trust funding and beneficiary coordination. We also offer follow-up reviews to update documents after major life events. This step-by-step process emphasizes clarity, proper documentation, and practical implementation to help ensure your plan functions as intended under California law while reducing administrative complexity for your loved ones.
In the initial step, we gather details about your family relationships, assets, health considerations, and long-term goals. This includes identifying real estate, bank and investment accounts, retirement accounts, life insurance policies, and personal property. We discuss your priorities for distribution, guardianship preferences for minors, and any concerns about beneficiaries’ needs. This information allows us to recommend the right combination of trust and will provisions, powers of attorney, and health care directives that align with your objectives and the practicalities of your financial picture.
Based on the initial information, we propose a strategy that may include a revocable living trust, pour-over will, durable powers of attorney, and an advance health care directive. For clients with particular situations, we discuss additional tools such as special needs trusts, irrevocable life insurance trusts, and retirement plan trusts. The goal is to assemble a coordinated set of documents that work together to accomplish your wishes while addressing probate avoidance, incapacity planning, and beneficiary protection.
We prepare draft documents that reflect the agreed-upon plan and provide clear instructions for the roles of trustees, agents, and executors. Drafting includes establishing distribution terms, specifying trustee powers, and documenting healthcare preferences. We review drafts with clients to ensure clarity, make revisions as needed, and explain how each provision functions in practical terms. Finalizing documents requires careful attention to signature and witness requirements under California law to ensure validity and enforceability.
After documents are finalized, we coordinate execution in accordance with state signing formalities and witness requirements. We then assist clients in funding trusts by transferring real estate titles, retitling accounts when appropriate, and recommending beneficiary designation updates. Funding the trust is a critical administrative step to ensure assets transfer as intended. We provide checklists and practical assistance to complete these tasks so the documents function together as a cohesive plan and avoid unnecessary court proceedings at the time of a trustee’s passing.
Coordinating transfers involves changing the ownership of real property, bank accounts, and certain investment accounts into the name of the trust or otherwise aligning titles and beneficiary designations. We explain the legal and tax implications of retitling and offer guidance for working with financial institutions and county recorder offices. Proper coordination reduces the risk that assets will remain outside the plan and subsequently be subject to probate, ensuring a smoother administration process for trustees and heirs.
We help clients review and update beneficiary designations on retirement accounts, life insurance, and payable-on-death accounts to ensure they match the overall estate plan. Consistency between beneficiary designations and trust provisions is essential to avoid unintended outcomes. We advise on naming trust beneficiaries where appropriate and on coordinating contingent beneficiaries to establish clear succession plans. These updates are practical steps that complement executed documents and support the seamless transfer of assets according to your wishes.
Estate planning is not a one-time event; regular review and maintenance keep documents current with life changes and legal developments. We recommend periodic check-ins to update plans after births, deaths, marriage or divorce, changes in assets, or major health events. When circumstances change, documents such as trust modification petitions or Heggstad petitions may be used to correct or adjust the plan. Ongoing maintenance helps preserve the intent of the original documents and ensures continuity of asset management and distribution over time.
Periodic reviews allow clients to confirm that trustees, agents, and beneficiaries still reflect current relationships and that asset titles and designations remain aligned with the plan. We suggest reviewing documents every few years or after major life events. During these reviews, we identify needed updates, advise on changes in California law that may affect planning, and recommend modifications to maintain effectiveness. Regular attention prevents outdated instructions from causing confusion or unintended results for your heirs.
When substantive changes are required, procedures such as trust amendment, trust restatement, or a trust modification petition may be appropriate to implement new directions. In some cases, a Heggstad petition can be used to correct funding errors and bring assets into the trust as originally intended. We advise on the appropriate legal route to reflect changes in circumstances while preserving the integrity of the plan. Careful documentation and lawful procedures ensure transitions are enforceable and consistent with your objectives.
A revocable living trust is a flexible arrangement that holds assets for management and distribution according to the trust terms. The grantor can change or revoke the trust during their lifetime, and the trust can provide for continuous management in the event of incapacity. For many people in Inyo County, a revocable trust helps avoid probate for assets properly funded into the trust and allows for smoother administration. It is a common tool to preserve privacy and reduce court involvement when transferring assets to heirs. Whether you need one depends on your goals, asset types, and family circumstances. If you own real estate, have multiple accounts, or wish to simplify the transfer process at death, a revocable trust can be beneficial. We discuss your situation, explain how funding works, and recommend whether a trust-based plan, a will-based plan, or a combination best fits your needs. The decision should consider practical outcomes and the administrative steps necessary to implement the plan.
A pour-over will works alongside a revocable living trust to capture assets that are not transferred into the trust during the grantor’s lifetime. When someone dies, the pour-over will directs any remaining probate assets to the trust so they become subject to the trust terms. This ensures assets discovered after death or assets accidentally left out of the trust are distributed according to the trust rather than being divided under state intestacy rules. While the pour-over will provides a safety net, relying solely on it means those assets will still pass through probate before they enter the trust. To minimize probate, clients are advised to fund the trust proactively by retitling property and coordinating beneficiary designations. We assist with both drafting a pour-over will and planning the practical steps for funding to reduce the need for probate administration.
A durable power of attorney appoints an agent to handle financial and legal matters if you are unable to do so, while an advance health care directive appoints someone to make medical decisions and states your medical treatment preferences. The durable power of attorney can cover banking, real estate, investments, tax matters, and bill payment, enabling a named agent to manage affairs without court intervention. The advance health care directive focuses on health care decisions, life-sustaining treatments, and the appointment of a health care agent for medical conversations with providers. Both documents are essential components of incapacity planning because they designate trusted decision-makers and provide written authority to act. Without them, family members might need to seek court-appointed conservatorship or guardianship to make decisions. We help clients draft clear and durable documents that name appropriate agents and set practical instructions to ensure decisions align with the client’s preferences and needs.
Funding a trust means transferring ownership of assets into the trust so that the trust document controls their management and distribution. This includes retitling real estate deeds into the trust name, changing account ownership where appropriate, and updating titles on bank and investment accounts. Funding is an administrative but essential step; a trust that is not funded may not achieve its intended goal of avoiding probate for certain assets, and assets left outside the trust could be subject to separate probate proceedings. The funding process requires careful coordination with financial institutions, county recorder offices, and account custodians. We provide checklists and guidance to help clients complete transfers properly, and we assist with document preparation or referrals to ensure that property transfers are performed correctly. Proper funding ensures the trust operates as intended when incapacity or death occurs.
Yes, in most cases you can change your estate plan after it is signed. Revocable living trusts are designed to be amended or restated during the grantor’s lifetime, and wills can be revised by creating a new will or by codicils. Durable powers of attorney and advance health care directives can also be revoked or replaced to reflect new choices or changes in relationships. These updates are commonly needed after marriage, divorce, births, deaths, or significant changes in assets. Some documents, such as irrevocable trusts, have more limited ability to be changed, and particular legal procedures may be required to modify them. When substantial changes are needed, formal amendments, restatements, or petitions may be appropriate. We advise clients on the best approach to make revisions that maintain legal effectiveness and preserve intended outcomes.
A special needs trust is a legal tool designed to hold assets for a person with disabilities while preserving their eligibility for government benefits like Medicaid and Supplemental Security Income. Funds in the trust can be used to enhance quality of life—paying for items and services not covered by public benefits—without counting those funds as resources that would disqualify the beneficiary. The trust is managed by a trustee who has discretion to use funds in the beneficiary’s best interest while coordinating with public benefit rules. Establishing a properly drafted special needs trust requires attention to timing, funding sources, and the trust’s terms so that benefits are not inadvertently affected. We explain the different types of special needs trusts, suitable funding strategies, and how to align trust distributions with benefit eligibility. Careful planning protects both immediate needs and long-term support for the beneficiary.
Probate may be required in California when assets are held in the decedent’s name without designated beneficiaries or when assets were not titled in a trust. Probate is a court-supervised process that validates a will, appoints an executor, and oversees asset distribution and creditor claims. Small estates with limited assets or assets with payable-on-death designations may qualify for simplified procedures, but larger or more complex estates frequently require formal probate administration unless assets have been properly placed into a trust or otherwise titled to avoid probate. Planning steps such as funding a revocable living trust, updating beneficiary designations, and retitling property can reduce or eliminate the need for probate. For property in multiple states, probate can become more complicated and costly. We help clients evaluate their holdings and implement measures to minimize probate risk through coordinated estate planning and asset titling strategies.
Parents of young children should consider naming guardians in a will, creating trusts to manage inheritance for minors, and appointing financial and healthcare agents to make decisions if parents are incapacitated. A trust can hold funds for a child until a specified age or milestone, avoiding outright distributions that could be misused. Guardianship nominations provide clarity and reduce disputes about who will care for the children if both parents are unable to do so, while powers of attorney ensure short-term financial matters are handled seamlessly. In addition to these documents, parents should review life insurance arrangements and beneficiary designations to ensure financial resources are available for a child’s care. Clear communication of intentions to chosen guardians and trustees, along with properly drafted documents, supports stable transitions and secures a child’s financial and personal wellbeing in unforeseen circumstances.
Retirement accounts are typically governed by beneficiary designations, which generally take precedence over instructions in a will. It’s important to coordinate beneficiary designations with your overall estate plan because inconsistent designations can produce unintended outcomes. For example, naming an individual beneficiary rather than a trust can result in direct distribution that bypasses trust protections. Depending on account type, tax implications and distribution rules also vary, so careful planning is necessary to manage timing and tax consequences for beneficiaries. Where appropriate, retirement plan trusts or designated beneficiary arrangements can provide structured distributions over time and protect beneficiaries who may not be ready for outright distributions. We review account beneficiary designations and recommend approaches that align with your goals, whether that involves directing proceeds into a trust or naming contingent beneficiaries to preserve the intended legacy and tax outcomes.
You should update beneficiary designations whenever you experience major life events such as marriage, divorce, births, deaths, or significant changes in assets. Periodic reviews every few years are prudent to confirm designations remain consistent with your current wishes. Failure to update beneficiaries can result in assets passing contrary to your intended plan. For example, inherited retirement accounts or life insurance proceeds typically go to the named beneficiary regardless of instructions in a will or trust unless those account designations are coordinated with the estate plan. It is also important to revisit designations when creating or funding trusts, because naming a trust as beneficiary may be an essential step in ensuring proceeds are managed according to your overall plan. We help clients check and update beneficiary forms and ensure consistency between account paperwork and estate planning documents to avoid surprises during administration.
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