If you are based at or near Edwards Air Force Base and need practical estate planning guidance, the Law Offices of Robert P. Bergman provides thorough legal planning tailored to military families and local residents. Our firm helps clients create clear, manageable plans that address trusts, wills, powers of attorney, health care directives, and other essential documents. We focus on making the process straightforward and responsive to unique family circumstances, ensuring that assets, guardianship wishes, and healthcare preferences are organized and documented for peace of mind. We serve Kern County and nearby communities with practical, client-centered estate planning solutions.
Estate planning can feel overwhelming, especially when balancing military service, frequent relocations, or changing family needs. Our approach is to listen carefully, explain options in plain language, and prepare documents that reflect your intentions while minimizing future complications. From revocable living trusts to pour-over wills and special needs provisions, we tailor each plan to protect your family and preserve your legacy. We also coordinate with financial advisors and trustees as needed to align legal documents with financial realities, providing a cohesive plan you can rely on during transitions and unexpected life events.
A well-crafted estate plan delivers clarity about how assets are distributed, who will manage finances and health decisions, and how minor children or family members will be cared for. For military families and local residents, timely planning reduces stress, shortens probate delays, and helps ensure benefits and retirement accounts pass as intended. Using documents such as revocable living trusts, advance health care directives, and powers of attorney prevents confusion during critical moments. Thoughtful planning also addresses tax considerations, beneficiary designations, and specific needs like planning for a dependent with disabilities or establishing a pet trust so personal intentions are followed precisely when you cannot speak for yourself.
The Law Offices of Robert P. Bergman, based in San Jose, serve clients across California, including families near Edwards Air Force Base. Our attorney brings many years of focused estate planning work, helping clients draft trust arrangements, wills, powers of attorney, and health care directives that reflect individual needs. We emphasize clear communication, careful document preparation, and reliable follow-through so clients understand each step and feel confident in their plan. Our firm handles both straightforward and complex planning scenarios, guiding clients through trust funding, beneficiary coordination, and court filings when petitions or modifications are required.
Estate planning encompasses a set of legal tools designed to manage your assets, provide for loved ones, and designate decision-makers for financial and health matters. Core documents include a revocable living trust to avoid probate, a last will and testament to state final wishes, a financial power of attorney to allow trusted agents to act on your behalf, and an advance health care directive to communicate medical preferences. Additional documents like a general assignment of assets to a trust or a certification of trust help trustees and third parties confirm trust arrangements without revealing sensitive details. These documents work together to protect your interests and reduce family stress.
Creating a coordinated estate plan also involves practical steps such as funding a trust by retitling accounts, naming beneficiaries consistently across accounts, and preparing petitions when a trust requires modification or a Heggstad petition to address assets mistakenly titled. Many clients benefit from retirement plan trusts or irrevocable life insurance trusts to address tax and benefit matters. For families with a member who has special needs, a special needs trust preserves eligibility for government benefits. Planning for pets through a pet trust and making guardianship nominations for minor children are additional ways to ensure your wishes are carried out.
A revocable living trust is a flexible arrangement that holds assets during your lifetime and transfers them to beneficiaries without probate. A last will and testament names beneficiaries, appoints guardians, and can work with a trust to capture leftover assets through a pour-over will. A financial power of attorney grants a trusted agent the authority to manage finances if you cannot. Advance health care directives and HIPAA authorization communicate medical treatment preferences and allow access to medical records. Each document has a distinct purpose, and together they provide a comprehensive legal framework to protect your wishes and simplify family responsibilities.
Important elements of estate planning include identifying beneficiaries and fiduciaries, drafting clear documents, funding trusts, and keeping records current. Processes often involve an initial consultation to gather family and asset information, preparing documents tailored to your goals, and a review session to confirm understanding and execution. After signing, ongoing maintenance is necessary: update beneficiary designations after major life events, retitle accounts into the trust as appropriate, and revisit documents when laws or family dynamics change. Proper coordination reduces the likelihood of probate and ensures your intentions are carried out efficiently.
This glossary highlights common terms and their practical implications for individuals planning near Edwards Air Force Base. Knowing the meaning of trusts, wills, powers of attorney, and health care directives helps you make informed decisions. Additional terms, such as Heggstad petition, pour-over will, and certification of trust, address procedural matters that can arise when funding or administering a trust. Understanding these items reduces surprises and helps you communicate more effectively with attorneys, trustees, financial institutions, and medical providers when carrying out your plan.
A revocable living trust is a legal arrangement that allows an individual to place assets into a trust during life, retain control while alive, and pass those assets to named beneficiaries without going through probate. The trust can be amended or revoked during the grantor’s lifetime, offering flexibility. For many families, this tool simplifies the transfer process, provides privacy, and can reduce delays for heirs. While drafting and funding take careful attention, the overall effect is smoother asset distribution and clearer guidance for trustees administering the trust after incapacity or death.
A financial power of attorney allows you to appoint an agent to manage your financial affairs if you are unable to do so. This document can be durable, remaining in effect if you become incapacitated, and can be tailored to grant broad or limited authority. An effective power of attorney addresses banking transactions, bill payments, tax filings, and property management, making it a pivotal piece of a practical estate plan. Choosing a trustworthy agent and specifying clear instructions helps ensure that financial decisions align with your preferences.
A last will and testament is a formal document that describes how you want assets distributed upon your death and can appoint guardians for minor children. Wills must go through probate to transfer property, which is why many people use them alongside a trust to handle residual assets through a pour-over will. Wills also name an executor to oversee probate and pay debts. While some property passes outside probate via beneficiary designations, a will remains an important fallback to ensure any remaining assets are distributed according to your wishes.
An advance health care directive lets you document medical treatment preferences and appoint a health care agent to make health decisions if you cannot. It often includes instructions about life-sustaining treatments and end-of-life care, along with HIPAA authorization so medical providers can share records with your appointed agent. This document provides clarity for loved ones and medical professionals during stressful times, helping ensure that care aligns with your values and reduces uncertainty in critical moments.
Some individuals opt for limited documents such as a will alone or standalone powers of attorney, which can be appropriate in simple situations. However, a comprehensive estate plan typically combines trusts, wills, powers of attorney, and health care directives to address multiple issues at once. The differences involve probate avoidance, privacy, ease of administration, and the degree of control over asset distribution. A tailored approach weighs the family’s size, asset types, retirement accounts, and potential tax or benefit implications to select the most effective combination of documents for long-term peace of mind.
A limited approach may be appropriate when an individual or couple has modest assets, few beneficiaries, and straightforward wishes for distribution. In those circumstances, a last will and testament combined with a power of attorney and advance health care directive can provide essential protections without the complexity of trust funding. This pathway may be suitable for those who prioritize simplicity and low upfront cost while accepting the potential for probate. Reviewing beneficiary designations and coordinating documents remains important to avoid unintended outcomes and ensure that wishes are enforceable.
People in transitional circumstances, such as those planning a near-term move or awaiting a change in family structure, might use a limited set of documents as an interim measure. Creating essential documents quickly—like a power of attorney and healthcare directive—provides immediate protections while allowing for a more comprehensive plan later. This approach helps manage short-term risks and provides a stopgap to avoid gaps in legal authority, but it should be revisited to ensure a full plan is in place once long-term objectives are established.
A comprehensive plan that includes a revocable living trust can help avoid probate for many assets, providing a faster and more private transfer to beneficiaries. Avoiding probate reduces administrative delays and potential court involvement, which can be especially helpful for military families facing deployments or relocations. A full plan also coordinates beneficiary designations and retirement accounts so that distributions reflect your intentions. By addressing these issues proactively, a comprehensive plan reduces complexity for those left to administer your affairs and helps preserve family continuity.
Comprehensive estate planning is often needed when family dynamics are complex, such as blended families, dependents requiring ongoing care, or significant assets that require tax-aware strategies. Tools like special needs trusts, irrevocable life insurance trusts, and retirement plan trusts can protect benefits and ensure funds are used as intended. A broader plan also includes provisions for successor trustees, detailed instructions for managing property, and mechanisms for future trust modifications. These measures combine to create a durable plan that adapts to changing circumstances while preserving your priorities.
A coordinated estate plan offers multiple benefits beyond simple document creation, including greater control over how assets are distributed, continuity of management during incapacity, and reduced court involvement. For families near Edwards Air Force Base, this means less disruption during transitions and clearer guidance for those left in charge. Properly funded trusts and clear powers of attorney make it easier for appointed agents to access accounts and manage property. Consistent beneficiary designations and trust certifications reduce administrative friction with financial institutions and government agencies, streamlining the transfer process.
Additionally, a comprehensive plan allows for tailored solutions such as pet trusts, Heggstad petitions when trust funding issues arise, and trust modification petitions to adapt to changing law or family circumstances. Planning can address retirement accounts and life insurance to minimize unnecessary taxes and maintain eligibility for public benefits where applicable. Overall, the coordinated approach protects family members from uncertainty, preserves privacy, and enables a smoother transition when life events make your instructions necessary.
Using a revocable living trust gives you more control over asset distribution and reduces public exposure because trust administration usually avoids probate. Privacy can be important for families who prefer to keep financial matters out of court records. Trusts also enable staged distributions, protections for beneficiaries who may not be ready to manage large sums, and continuity of management if the grantor becomes incapacitated. Trustees can step in without court oversight, reducing delays and easing the administrative burden on family members during difficult times.
A comprehensive plan includes powers of attorney and advance health care directives that ensure trusted individuals can manage finances and medical care if you cannot. These documents reduce uncertainty and help family members make decisions aligned with your preferences. Including HIPAA authorization allows those you designate to access medical records and communicate with providers, facilitating timely care and decision-making. Proactive planning prevents gaps in authority and reduces the need for court-appointed guardianship or conservatorship proceedings, which can be costly and time-consuming.
One of the most effective steps to ensure your plan works as intended is to review and update beneficiary designations on retirement accounts and life insurance policies. These designations often override provisions in a will, so inconsistencies can lead to unintended outcomes. Regularly checking beneficiaries after major life events such as marriage, divorce, birth, or death helps maintain alignment across all documents. Coordinating beneficiaries with trust provisions reduces disputes and simplifies asset transfers when the time comes, so beneficiaries receive intended assets with minimal delay and confusion.
Selecting legal and financial advisors who explain options in plain language makes planning more effective and reduces confusion during implementation. Good communication includes clear drafting of documents, guidance on follow-up steps like funding a trust, and collaborative coordination with accountants or financial planners. Open dialogue ensures that all parties understand roles and responsibilities, such as successor trustees or agents under powers of attorney. When everyone shares the same understanding, the probability of disputes or administration delays decreases and the plan functions smoothly when needed.
Consider formal estate planning when you have assets that you want transferred privately and efficiently, when you have minor children or dependents who need guardianship arrangements, or when health concerns make proactive decision-making necessary. Planning is also important after life milestones such as marriage, divorce, birth of a child, purchase of significant property, or changes in retirement accounts. Military families should consider planning for deployments and relocation so that the right people can manage affairs in unforeseen circumstances. Addressing these matters now reduces stress and ensures legal authority is clear when it matters most.
Another reason to plan is to preserve eligibility for government benefits for family members who rely on public assistance, which requires careful use of trusts and beneficiary designations. Additionally, individuals with substantial or complex asset holdings can benefit from coordinated arrangements like irrevocable life insurance trusts or retirement plan trusts to address tax or ownership issues. Even when assets are modest, the certainty provided by documents such as a power of attorney and advance health care directive can be invaluable, helping loved ones follow your wishes with confidence.
Common circumstances that prompt estate planning include preparing for retirement, planning for a child with special needs, blending families after remarriage, acquiring real estate, or receiving an inheritance. Changes in health, upcoming deployments, and preparing for long-term care needs are also frequent catalysts. Individuals often seek planning after major life events to ensure asset protection, tax considerations, and proper guardianship arrangements are in place. Proactive planning addresses these concerns directly, creating clear instructions for trustees, agents, and loved ones to follow during times of transition.
Frequent moves and deployments associated with military service make a durable, portable estate plan particularly valuable. Documents such as a financial power of attorney and advance health care directive provide continuous authority for trusted agents to act across state lines when needed. A revocable living trust reduces the risk of probate complications in multiple jurisdictions, and clear documentation helps family members handle affairs if the service member is unavailable. Planning that accounts for mobility and changing residence helps maintain legal protections and ensures that intentions remain effective despite relocations.
Blended families present unique planning considerations for asset distribution and guardianship. Clear documents can specify which children receive particular assets and how property should be managed to provide for stepchildren and biological children alike. Guardianship nominations in a will are essential when minor children are involved, and trusts can protect assets for young beneficiaries until they reach a responsible age. Thoughtful drafting anticipates potential conflicts and provides a roadmap that honors your intentions while addressing the needs of all family members.
When a family member has ongoing care needs, preserving eligibility for governmental support requires careful planning. A special needs trust can hold funds for the benefit of that person while protecting access to means-tested benefits. Selecting a trustee with an understanding of both financial management and benefit rules is important, as is providing clear directions for how funds should be used. These safeguards provide continuity of care and financial support while avoiding actions that could inadvertently reduce important benefits.
The Law Offices of Robert P. Bergman assists Edwards Air Force Base residents and others in Kern County with personalized estate plans. We prepare revocable living trusts, wills, financial powers of attorney, advance health care directives, and related documents to reflect each client’s priorities. Our firm also handles trust-related filings, such as Heggstad petitions and trust modification petitions, and prepares certification of trust documents that help trustees interact with financial institutions. We aim to make the planning process clear, efficient, and adapted to the realities of military life and regional needs.
Clients choose our firm for practical guidance, direct communication, and thorough document preparation tailored to individual circumstances. We take time to understand family dynamics, asset structures, and objectives so that every document aligns with your priorities. Our approach emphasizes clarity and usability, which reduces the likelihood of disputes and makes administration easier for those who follow your instructions. Whether creating a trust, drafting a pour-over will, or preparing a guardianship nomination, we prioritize sensible planning and dependable follow-up.
We also provide guidance on trust funding, beneficiary coordination, and the procedural needs that arise when assets are incorrectly titled or when petitions are needed. For clients with retirement accounts or life insurance, we help structure arrangements like retirement plan trusts and irrevocable life insurance trusts to address distribution goals. The firm’s practice includes preparing HIPAA authorizations and other medical directives so loved ones have access to necessary records and can act in accordance with your wishes when medical issues arise.
The Law Offices of Robert P. Bergman serves clients across California while maintaining close attention to local needs in Kern County and around Edwards Air Force Base. We guide clients through document execution and recommend ongoing reviews after major life events. Our aim is to reduce stress for families and ensure that each plan works in practice. For questions or to schedule a consultation, contact our office and we will discuss the steps needed to create or update your estate plan in a way that reflects your intentions.
Our process begins with a thorough intake to understand family relationships, assets, and goals, followed by document preparation tailored to your circumstances. We explain the purpose of each document and outline next steps like funding a trust, updating account titles, and coordinating beneficiary designations. After documents are drafted, we review them with you and arrange proper signing to ensure legal validity. We also provide follow-up guidance for future updates and assist with any filings or petitions that may become necessary to carry out your plan efficiently.
The initial step focuses on collecting details about family members, assets, debts, and long-term objectives. This includes discussing potential guardians for minor children, individuals you would name as trustees or agents, and any special concerns such as protecting a dependent’s government benefits. We also review retirement accounts, insurance policies, and property ownership to identify steps needed to align documents with real-world holdings. Clear goal setting at this stage creates a foundation for drafting documents that reflect your priorities and simplifies later administration.
During the family and asset review, we catalog real property, bank and brokerage accounts, retirement plans, life insurance, and personal property. We ask about prior marriages, children, and any beneficiaries who may require special consideration. This careful inventory helps identify which assets should be retitled, which beneficiary forms need updating, and whether additional planning tools like special needs trusts or life insurance trusts are appropriate. Thorough documentation at this stage reduces the chance of oversights that can create complications later on.
We help you select appropriate decision makers, including trustees, successor trustees, agents under powers of attorney, and health care proxies. Choosing individuals who are willing and able to carry out responsibilities is essential. We discuss the scope of authority each person should have, whether successors are needed, and how to handle potential conflicts. Thoughtful selection and clear instructions reduce the burden on families and provide a smooth path for those who must step into managerial roles during incapacity or administration.
After identifying goals and fiduciaries, we draft the necessary estate planning documents tailored to your circumstances. This typically includes trust agreements, wills, powers of attorney, advance health care directives, and any specialized trusts that fit your needs. We prepare clear language and practical provisions for successor management, distributions, and contingencies. Once drafted, we review each document with you, explain implementation steps such as trust funding or beneficiary alignment, and make revisions as needed to ensure the plan reflects your intentions precisely.
When preparing trust and will documents, we include provisions for management during incapacity and for orderly distribution after death. Supporting documents such as certification of trust, pour-over wills, HIPAA authorization, and general assignments of assets to trust are drafted to facilitate administration. These auxiliary documents help trustees and agents act confidently with banks, brokers, and medical providers without disclosing sensitive trust details. Clear drafting reduces friction and expedites the process when authority needs to be exercised.
The client review phase allows you to confirm that all provisions reflect your wishes and to ask questions about implementation. We make revisions where appropriate and prepare final versions for proper execution. Finalization includes coordinating signings, notarizations, and witness requirements to ensure documents meet California legal standards. We also provide guidance on where to store original documents and how to share necessary information with trustees, agents, and family members while preserving privacy.
After documents are executed, implementation focuses on funding trusts, updating account titles, and coordinating beneficiary designations. We assist clients in the steps needed to make documents effective, including preparing transfer deeds, assigning accounts, and providing certifications of trust to institutions. Ongoing maintenance is important: plans should be reviewed periodically or after major life events to confirm they continue to align with your goals. We recommend scheduled reviews and provide updates when laws change or family circumstances evolve.
Funding a trust involves retitling bank and brokerage accounts, transferring deeds when appropriate, and aligning beneficiary forms with trust terms. We guide clients through each step and prepare documentation to present to financial institutions, including certifications of trust that confirm a trustee’s authority without revealing sensitive trust provisions. Proper funding ensures the trust functions as intended and minimizes assets passing through probate. Clear records and consistent beneficiary designations reduce administrative hurdles when assets are distributed.
Life events such as marriage, birth, divorce, relocation, or changes in health or finances should prompt a review of estate plan documents. We recommend periodic check-ins to evaluate whether provisions remain appropriate and to submit amendments if required. Trust modification petitions or other filings may be necessary in some circumstances to address evolving needs. Staying proactive with reviews reduces the chance that outdated documents produce unintended results and ensures that your plan continues to serve your family effectively.
A revocable living trust and a will serve different functions. A revocable living trust holds assets during your lifetime and transfers them to beneficiaries upon death without the need for probate for most trust assets. It also provides a mechanism for managing assets if you become incapacitated. A will expresses your wishes for property distribution and may appoint guardians for minor children, but assets governed solely by a will typically must pass through probate. Both documents are often used together to provide comprehensive coverage for different types of property and circumstances. Choosing between them depends on asset complexity, privacy preferences, and plans for succession. Trusts can reduce court involvement and provide smoother transitions for heirs, while wills are simpler in some scenarios and remain an important backup to capture assets not placed into a trust. Discussing your goals and asset structure helps determine the best combination of documents to meet your needs and minimize administrative burdens for your family.
Selecting a trustee or agent requires considering trustworthiness, availability, and the capacity to manage responsibilities. Look for someone who understands financial matters, communicates well with family, and will act according to your directions. You can name multiple successive trustees to address availability or age-related concerns, and you may appoint a professional fiduciary if no suitable family member is available. It is also helpful to discuss the role with the person you propose so they understand the expectations and accept the responsibility ahead of time. When choosing an agent under a power of attorney or health care proxy, consider proximity and willingness to make potentially difficult decisions under pressure. Agents should be individuals who will honor your preferences and have the judgment needed to follow instructions responsibly. Clear written guidance in your documents and supplemental memoranda can assist agents and reduce uncertainty in carrying out your intentions.
Funding a trust generally involves retitling assets into the trust’s name and updating ownership records for accounts and property. This may mean changing titles on bank and brokerage accounts, executing deeds to transfer real estate to the trust, and aligning beneficiary designations where applicable. Some assets, such as retirement accounts, require beneficiary forms rather than retitling, so coordination is needed to ensure consistency with trust goals. The process can take time and requires careful attention to institutional requirements to ensure the trust functions as intended. If assets are overlooked during funding, remedies such as a pour-over will or a Heggstad petition can address transfers after death. Regularly reviewing account ownership and working with your attorney and financial institutions helps ensure that the trust is properly funded and reduces the need for corrective filings. Clear records and a checklist help track all steps in the funding process.
Protecting a family member who relies on government benefits often requires using a special needs trust or other planning techniques that preserve eligibility. Funds held in a properly drafted special needs trust can pay for supplemental needs without disqualifying a beneficiary from means-tested programs. Choosing a trustee who understands benefit rules and setting clear instructions for how funds should be used are both important. The trust can be designed to provide for quality of life while maintaining access to necessary public supports. Coordination with social workers or benefit counselors can help tailor the trust to the specific programs involved. Regular reviews ensure the trust remains consistent with changing benefit rules and the beneficiary’s needs. Proper planning reduces the risk of inadvertently causing a loss of benefits and provides a managed financial resource to support long-term care and supplemental needs.
Assets left out of a trust may need to pass through probate if they do not have designated beneficiaries or are not otherwise exempt. A pour-over will can place such assets into the trust upon probate, but this process still requires court involvement and potential delays for beneficiaries. Unintended omissions can complicate administration and increase costs for your heirs. Regular audits of account ownership and beneficiary forms help prevent these oversights and ensure that the trust covers intended assets. If omissions are discovered after death, petitions like a Heggstad petition may be used to transfer assets into the trust when circumstances justify it. Working proactively to fund the trust and maintaining coordinated documents reduces the likelihood of probate and minimizes administrative burdens for loved ones during a difficult time.
Yes, updates are often necessary after moving, deploying, marriage, divorce, birth, or significant financial changes. Moving to a different state may change procedural requirements or create different considerations for real property and probate. Deployments and long absences make it important to ensure powers of attorney and successor arrangements are current so someone you trust can act if needed. Staying current ensures your documents remain legally valid and effective regardless of changing circumstances. Periodic reviews also address changes in laws that may affect planning choices and help ensure beneficiary designations, trustee selections, and funding steps remain aligned with your goals. Scheduling reviews after major life events and at regular intervals preserves the integrity of your plan and reduces unexpected complications for your loved ones.
A pour-over will functions as a safety net that transfers any assets not placed into a trust at the time of death into the trust during probate. While the pour-over will does not avoid probate for those particular assets, it ensures that remaining property is ultimately governed by the trust’s terms. This arrangement works together with a funded trust to centralize distribution instructions, mitigate the impact of accidentally omitted assets, and maintain consistency in how property is handled after death. Because assets passing through a pour-over will may still be subject to probate, the preferred approach is to fund the trust during life. Using clear checklists and professional guidance during the funding process reduces reliance on a pour-over will and helps preserve the efficiency and privacy benefits associated with trust administration.
A Heggstad petition is a court filing used in California when assets intended to be in a trust were not properly retitled during the grantor’s lifetime. The petition requests that the court recognize the transfer of those assets into the trust as if they had been properly funded, reducing the need for probate administration. It is a remedy for inadvertent omissions and can help accomplish the settlor’s original intent without the full probate process for those assets, though court involvement is still necessary to confirm the transfer. Using a Heggstad petition requires evidence that the assets were meant to be part of the trust and appropriate documentation demonstrating intent. Working closely with counsel to prepare the petition and supporting materials increases the likelihood of a favorable outcome and helps correct funding oversights efficiently when they are discovered.
Yes, you can include provisions for the care of pets through a pet trust or specific instructions in your estate plan. A pet trust sets aside funds and names a caregiver and trustee responsible for managing those funds for your pet’s care. Clear instructions about the pet’s routine, veterinary needs, and caretaker expectations help ensure continuity of care. Naming a successor caregiver and providing an appropriate funding mechanism gives peace of mind that your pet will be cared for according to your wishes. Including pet care in the estate plan also prevents disputes among family members and provides legal standing for the appointed caregiver to use funds for the pet’s benefit. Whether through a trust or a directive within other planning documents, specifying details and funding arrangements makes pet care intentions enforceable and reduces uncertainty after your passing.
It is advisable to review your estate plan every few years and immediately after major life events such as marriage, divorce, birth of a child, significant changes in assets, moves, or health changes. Regular reviews ensure beneficiaries, fiduciaries, and funding remain aligned with your current wishes and circumstances. Changes in laws or family dynamics may also necessitate adjustments to keep the plan effective and responsive to your goals. Scheduling periodic check-ins provides an opportunity to update documents, retitle accounts, and confirm that successor trustees and agents remain appropriate. Proactive maintenance reduces the risk of unintended consequences and helps ensure that your plan continues to function as intended when it is needed most.
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