A Heggstad Petition is a court procedure commonly used in California probate and trust administration when real property title remains in a decedent’s name despite being intended to belong to a trust. This page explains how a Heggstad Petition can transfer title to a trust, when it is appropriate to pursue, and what documentation and steps are typically required. The Law Offices of Robert P. Bergman provides guidance on preparing and filing petitions, assembling supporting evidence such as trust documents and deeds, and presenting facts to the court to demonstrate that the property was intended to be trust property before probate was opened.
Many families discover a title problem only after a death, such as a home still in a deceased person’s individual name or assets that never completed the final transfer into a trust. A Heggstad Petition addresses that gap by asking the court to confirm that the asset was intended to be part of the trust. The process reduces the need for full probate court proceedings for the asset in question and clarifies ownership for banks, county recorders, and title companies. Understanding the petition’s purpose and likely outcomes helps families choose an efficient path forward for trust administration and property transfer.
A Heggstad Petition can be particularly beneficial when a trustmaker intended property to be held by a trust but the deed was never retitled. The petition provides a focused remedy to transfer title into the trust or confirm that the property belongs to the trust without the need for a full probate of the estate. It can reduce delays, lower administrative burdens, and clear title problems that would otherwise complicate sales, refinancing, or distribution to beneficiaries. Carefully prepared evidence such as declarations, trust documents, and related records supports a favorable result and helps lay a clear path for subsequent trust administration steps.
The Law Offices of Robert P. Bergman serves clients in Rolling Hills Estates and throughout California, focusing on estate planning and trust administration matters including Heggstad Petitions. Our approach centers on clear communication, practical solutions, and careful documentation so clients understand options and likely outcomes. We assist in gathering the documentary evidence needed for court, preparing declarations, coordinating with title companies, and guiding clients through hearings if required. Clients receive attentive guidance tailored to their family circumstances, with the goal of preserving assets and minimizing delays in distributing property according to the trustmaker’s intentions.
A Heggstad Petition asks a California probate court to recognize that property listed in a decedent’s name was intended to be held in a trust. The petition requires presenting evidence that the trustmaker treated the asset as trust property or that the transfer into the trust was intended. Evidence can include trust documents, deeds, beneficiary schedules, correspondence, tax records, and witness declarations. Filing the petition initiates a focused court review that may lead to an order confirming title in the trustee, allowing the trustee to proceed with administration over the asset without a full estate probate for that specific property.
The court evaluates the petition based on the preponderance of the evidence showing intent to transfer the property into the trust prior to or at the time of death. Petitioners must assemble coherent proof linking the asset to the trust, such as contemporaneous documents and consistent treatment of the property in estate planning materials. When successful, the order clarifies ownership for county recorders and title companies so deeds can be recorded in the name of the trustee. This streamlined remedy can make property transactions and trust distributions smoother and more predictable for beneficiaries and trustees.
A Heggstad Petition is a legal request to the probate court asking for a declaration that an asset belongs to a trust despite appearing in the decedent’s individual name. The petition commonly relies on testimony, trust paperwork, deeds, and related documents to demonstrate that the decedent intended the trustee to control the property. Courts will consider the totality of evidence, including the circumstances surrounding acquisition and how the property was handled in estate planning. When the petition succeeds, an order is issued confirming trust ownership and enabling the trustee to take actions like transferring title or managing the asset in accordance with the trust terms.
Preparing a Heggstad Petition involves several important steps: gathering documents that show intent, drafting declarations that explain facts supporting the trust claim, preparing a formal petition and proposed order, and filing papers with the probate court. The petitioner must give notice to interested parties and be prepared to respond to objections. Evidence often includes trust instruments, deeds, related correspondence, and records of trust funding efforts. Coordination with title companies and county recorders follows a successful court order to ensure records reflect the trustee as the property’s owner, facilitating future transactions and administration.
Understanding common terms can make the Heggstad Petition process more approachable. Terms like trustmaker, trustee, petition, order, deed, title, pour-over will, and funding describe roles and documents that determine asset ownership after death. Familiarity with these terms helps trustees, beneficiaries, and family members follow the legal steps and gather the necessary materials. Knowing what affidavits and declarations are, and how they support intent, improves the quality of the petition. Clear definitions help reduce confusion and allow clients to participate confidently in assembling evidence and responding to requests from the court or other parties.
A trust is a written arrangement under which a trustmaker transfers assets to a trustee to hold and manage for the benefit of named beneficiaries according to the document’s terms. Trusts can be revocable while the trustmaker is alive and typically become irrevocable at death. Trusts commonly name successor trustees who step in to administer assets according to the trust terms. In estate planning, trusts are used to provide for orderly distribution, manage incapacity, and sometimes avoid probate. A Heggstad Petition arises when property intended for a trust remains in the decedent’s name and requires court clarification to confirm trust ownership.
A deed is a legal document that conveys real property from one person or entity to another. Properly executed and recorded deeds are how title is changed and how ownership is reflected in public records. When a deed was never transferred into a trust or was recorded only in the decedent’s name, a Heggstad Petition may be necessary to clarify that the property belonged to the trust. Different types of deeds serve different purposes, and the content of the deed combined with surrounding evidence helps show whether the trustmaker intended trust ownership at the relevant time.
The petitioner is the person who files the Heggstad Petition with the probate court, usually the trustee or a beneficiary acting on the trustee’s behalf. The petitioner assembles and submits the factual record and legal arguments asking the court to declare that specific property is trust property. The petitioner is responsible for providing adequate notice to interested parties and for presenting evidence supporting the trust claim. A thorough petition anticipates potential objections and supplies documentation and witness declarations that demonstrate the trustmaker’s intent and actions consistent with trust ownership of the property.
An order confirming title is a court document issued after a Heggstad Petition that declares the property in question belongs to the trust and grants authority to the trustee to manage or transfer the asset. Once entered, the order can be recorded with the county recorder, allowing the trustee to clear title for sale, refinance, or distribution. The order provides formal legal recognition of ownership that title companies and financial institutions accept when handling post-death transactions. The clarity provided by such an order often prevents prolonged disputes and makes trust administration more efficient.
When an asset appears in a decedent’s name, options include a Heggstad Petition, probate administration, or other title-curing procedures. A Heggstad Petition is targeted to confirm trust ownership for a specific asset and can be faster and less disruptive than a full probate estate process. Probate covers all estate assets but can be more time-consuming and public. Other title remedies include corrective deeds or affidavits when permitted. Choosing the right path depends on the nature of the asset, the available evidence of intent, the presence of creditors, and the level of dispute among heirs and beneficiaries.
A focused Heggstad Petition is often sufficient when there is clear documentary evidence showing the decedent intended the asset to be part of the trust. Documents such as the trust instrument naming the property, correspondence demonstrating intent to fund the trust, and contemporaneous actions taken to treat the asset as trust property support a petition. When these materials are available and there are few or no opposing claims from interested parties, the petition provides a limited court remedy that corrects title without engaging the broader probate process, saving time and reducing administrative burdens.
A Heggstad Petition is a practical option when there are limited disputes among beneficiaries and no pressing creditor claims that require full probate oversight. If the parties are generally in agreement and the asset in question is well-documented as intended for the trust, the court can quickly review the evidence and enter an order confirming title. This narrower path reduces costs and public exposure compared with an estate probate proceeding. Selecting a targeted petition helps families resolve a single title issue while preserving the integrity of the trust administration process.
Comprehensive legal support is beneficial in cases involving multiple assets, potential creditor issues, or conflicting beneficiary claims that may complicate a simple Heggstad Petition. When disputes arise over intent, asset values, or distribution, broader legal services can coordinate trust administration, probate filings if required, and litigation responses. Experienced representation helps manage deadlines, creditor notices, and court procedures while aiming to protect the trust’s objectives. A broader approach also helps align related documents such as pour-over wills and powers of attorney to reduce downstream complications.
When a decedent’s estate includes multiple properties, complex financial accounts, or numerous title discrepancies, a comprehensive plan is often the most efficient way to resolve issues. Coordinating filings for more than one asset, addressing retirement accounts or life insurance trust arrangements, and reconciling inconsistent records require a coordinated strategy. Comprehensive services include preparing all necessary petitions, communicating with institutions, and managing filings to ensure assets are transferred properly and beneficiaries receive distributions consistent with the trust’s terms.
Taking a comprehensive approach to trust administration and title correction helps ensure all related matters are addressed together to avoid repetitive court filings and conflicting outcomes. This approach synchronizes the handling of Heggstad Petitions with other trust funding steps, guardianship nominations where applicable, health care directives, and beneficiary communications. A coordinated plan can reduce overall legal costs, minimize delays in distribution, and provide consistent documentation for financial institutions and title companies, improving confidence that assets are being managed and transferred according to the trustmaker’s intentions.
Comprehensive handling also allows for proactive resolution of potential creditor and tax issues, coordination with real estate professionals when property sales are needed, and preparation of any additional court filings that may arise. By reviewing all estate planning documents such as pour-over wills, powers of attorney, and trust schedules, the trustee and beneficiaries can proceed with a clear plan. This holistic view helps reduce the chance of future challenges and creates an orderly roadmap for concluding administration tasks and distributing assets efficiently and transparently.
A comprehensive approach consolidates necessary legal steps so that title issues, trust funding, and any related filings are handled in a coordinated sequence, which typically reduces time to resolution. Rather than addressing each document or asset in isolation, planning ahead ensures that overlapping matters are resolved in logical order, avoiding redundant filings and conflicting court actions. This streamlining benefits trustees and beneficiaries by clarifying next steps, reducing back-and-forth with institutions, and allowing property or accounts to be managed or transferred with fewer interruptions to family plans.
When court orders and trust documents are prepared carefully and together, title companies and banks are more likely to accept the resulting records without additional hurdles. A comprehensive file typically includes the trust instrument, certification of trust, Heggstad order if applicable, and other supporting declarations, which collectively provide a convincing record of the trustee’s authority. This thorough documentation streamlines processes like recording deeds, transferring real estate, and accessing accounts, reducing administrative friction that can otherwise delay distributions or sales.
Begin by collecting the trust instrument, any amendments, deeds, past title reports, tax records, correspondence about the property, and any documents showing the trustmaker’s intent. Having a clear file that shows how the property was handled and any attempts to transfer title will strengthen a petition. Include copies of related documents like a pour-over will, certification of trust, and trustee appointment. Detailed records reduce the need for follow-up requests, speed up court review, and make it easier for title companies to accept the resulting court order when it is time to record changes in ownership.
Before filing, it is helpful to consult with the county recorder or title companies about typical requirements for recording an order confirming title. Understanding their documentation standards and preferred formats can avoid delays after the court issues an order. Coordination reduces the chance of additional administrative hurdles and ensures the recorded documents will be accepted for future sales or refinancing. Early communication streamlines the final steps of transferring title into the trust and provides clarity on any additional forms or certifications the recorder may request.
Families often pursue a Heggstad Petition when a home, rental property, or other real asset remains in the deceased person’s name despite planning documents indicating it should be part of the trust. The petition resolves title issues quickly for a single asset and prevents those assets from becoming entangled in a wider probate process when the trust already governs distribution. Clarifying title through this process can help beneficiaries sell, refinance, or otherwise manage property promptly, reducing uncertainty and allowing trustees to fulfill their duties with clear legal authority.
Other reasons to consider the petition include the desire to avoid public probate for specific assets, to provide a clean record for title companies, and to follow through on the decedent’s estate planning intentions when administrative steps were inadvertently incomplete. The petition can also reduce administrative burdens on family members by resolving ownership in a focused proceeding that preserves the trust’s overall distribution plan. When documents and evidence show a trustmaker’s intent, a Heggstad Petition is a practical tool to finalize trust funding for the affected asset.
Typical circumstances include a trustmaker who created a revocable living trust but died before retitling real property, a deed recorded only in the decedent’s name after the trust was executed, or family members finding inconsistencies between estate planning paperwork and public records. Other scenarios involve transfers attempted but not properly recorded, or when a financial institution or title company requires a court order to recognize the trustee’s authority. When these types of discrepancies arise, a Heggstad Petition provides a targeted path to correct title for the benefit of the trust and its beneficiaries.
One frequent issue is that a decedent executed a trust but did not complete the deed transfer before passing away, leaving real estate in the decedent’s name. In that case, although planning documents show intent, public records do not reflect the transfer. A Heggstad Petition asks the court to recognize the trust’s ownership despite the lack of a recorded deed. When supported by documentation and witness declarations, the petition can provide the court order necessary for recording the trustee as the owner, enabling management or sale of the property consistent with the trust’s terms.
Occasionally, an attempt to transfer property into a trust was initiated but not completed correctly, such as an improperly executed deed or a recording error. Those defects can leave title unresolved and complicate later transactions. A Heggstad Petition can remedy those situations by demonstrating the trustmaker’s intent and the steps taken toward funding the trust, allowing the court to order correction of title. Addressing these issues through the petition helps avoid further administrative problems and clarifies the trustee’s authority to manage or transfer the property.
When estate planning documents such as a pour-over will and trust indicate a property was meant to be in the trust but the county records show otherwise, a discrepancy exists that must be addressed for trust administration. Such conflicts can delay distributions and complicate dealings with title companies and banks. A Heggstad Petition presents the factual basis to the court for resolving those discrepancies and securing an order that aligns public records with the trustmaker’s documented intentions, clearing the way for trustees to proceed with managing or transferring the asset.
For Rolling Hills Estates residents and families across Los Angeles County, the Law Offices of Robert P. Bergman can evaluate whether a Heggstad Petition is the right path for resolving a title problem. We help identify the documents and evidence needed to support the petition, prepare declarations and court filings, coordinate notice to interested parties, and interact with title companies or county recording offices after an order is issued. Our goal is to provide practical, clear guidance so trustees and beneficiaries can move forward with trust administration and property transactions with confidence and reduced delay.
Families choose our firm because we focus on practical solutions that align with the client’s estate planning objectives and the realities of county recording and court procedures. We prepare complete filings, anticipate likely questions, and work to minimize delays that can arise from insufficient documentation. Our approach emphasizes clear communication with clients and other stakeholders, so trustees understand what evidence is needed, what the court will review, and what outcomes can be reasonably expected for title correction and trust administration.
We assist with everything from identifying relevant trust documents, drafting declarations, and filing the petition, to coordinating with title companies and county recorders after an order is entered. This coordinated workflow reduces friction and helps ensure that a court order effectively resolves the title issue so the trustee may manage, transfer, or sell the property as required by the trust. Our goal is to make the legal process as straightforward as possible for families dealing with post-death administrative tasks.
Our practice also helps trustees navigate communication with beneficiaries and other interested parties, providing clear information about timelines and likely next steps. We prepare notice and disclosure documents, respond to inquiries, and handle any necessary court appearances. By managing these procedural details and keeping clients informed, we help families focus on settling personal matters knowing that the legal side of trust funding and title clarification is being handled methodically and responsibly.
Our process begins with a document review and initial consultation to assess whether the facts support a Heggstad Petition. We identify the property, gather trust and property records, and outline the evidence needed. Next we prepare the petition, declarations, and proposed order, and file them with the appropriate probate court while arranging required notices. We then respond to any inquiries or objections and, if a hearing is needed, present the factual record. After an order is entered, we coordinate recording and follow-up steps to ensure title reflects the trustee’s ownership exactly as directed by the court.
The first step is a careful evaluation of estate planning materials and public records to determine whether a petition is likely to succeed, and to identify any potential objections. We request copies of the trust, deeds, relevant correspondence, tax records, and any attempted transfer documents. We also identify interested parties who must be noticed. This review allows us to advise on the strength of evidence and whether additional documentation or witness declarations are needed before filing. It forms the foundation for a persuasive petition that addresses foreseeable issues.
In the first part of intake we review the trust document, deed history, and related paperwork to confirm the property’s identity and the trustmaker’s relevant directives. We verify whether the trust names the property or whether other documents imply an intent to include the asset. This examination identifies missing items or inconsistencies that must be addressed through supporting declarations or supplemental records, allowing us to assemble a coherent factual narrative for the petition that explains why the court should declare the asset to be trust property despite current public records.
The second part of document collection focuses on witness statements and third-party records that corroborate the trustmaker’s intent. Declarations from individuals with firsthand knowledge, correspondence with advisors, and records of attempts to retitle the property strengthen the petition. We also obtain title reports and tax documents that show how the property was treated. These materials, presented together, aim to tell a clear and convincing story that supports the requested court order and reduces the likelihood of objections that could delay resolution.
Once the evidence is assembled, we prepare a formal petition and a proposed order for the probate court. The petition sets out the facts, attaches supporting documents and declarations, and explains the legal basis for confirmation of title. We ensure that notice is properly served on heirs, beneficiaries, and other interested parties and file all required documents with the court. Our filings are drafted to anticipate common questions and address potential objections, increasing the likelihood of an efficient review and favorable court action where warranted by the record.
This stage involves drafting the petition, supporting declarations, and a proposed order that the judge can sign if the facts support the request. We prepare and serve notice to interested parties in accordance with court rules and compile proof of service for the court record. Clear, complete filings reduce the chance of delays and clarify for the judge why a title confirmation order is appropriate. We also prepare any exhibit indexes and help clients understand the timeline for court review and potential hearing dates.
After filing, we monitor court notices, respond to any discovery requests, and address administrative matters such as scheduling hearings if required. We track the court’s calendar and handle any procedural requirements promptly, keeping the client informed. If objections arise, we assist in preparing responses and engaging in negotiated resolutions when appropriate. Our goal during this phase is to move the petition through the court system efficiently while maintaining a clear record that supports the requested confirmation of title for recording purposes.
Upon the court’s approval of the petition, we prepare the signed order for recording and coordinate with the county recorder and title companies to ensure the order is properly filed. Recording the order and any accompanying documents updates public records to show the trustee’s ownership. We also assist with any subsequent transactions involving the property, such as sales or refinancing, providing the recorded order and trust documentation to the relevant institutions. These final administrative steps complete the process of resolving the title issue for trust administration.
Once the judge signs the order confirming title, we prepare the recorded documents and work with the county recorder to enter them into the public record. We confirm the recorded language meets the recorder’s standards and coordinate with title companies to remove clouds on title. This recording gives effect to the court’s decision and enables the trustee to act with clarity and authority when selling, refinancing, or otherwise managing the property. We follow through to ensure the transition from court order to recorded title is complete and accepted by financial institutions.
After recording, we help trustees with next steps such as communicating the change of title to beneficiaries, closing transfers or sales, and resolving any remaining administrative tasks related to the asset. We provide copies of recorded documents and assist in presenting the recorded order to institutions that require proof of title. If unforeseen issues arise after recording, we address follow-up matters promptly so trustees can move forward with confidence. Clear post-order guidance helps ensure the trustee can manage or distribute the asset in accordance with the trust document.
A Heggstad Petition is a legal petition filed in probate court asking the judge to declare that a particular asset belonged to a trust despite being recorded in the decedent’s individual name. It is commonly used when a trustmaker executed a trust but did not complete the deed transfer for real property before passing away. The petition relies on documentary evidence and witness declarations to show the intent to fund the trust. When successful, the court issues an order clarifying title and enabling the trustee to manage or transfer the property on behalf of the trust. This remedy is narrower than a full probate proceeding and focuses on correcting title for the specific asset identified in the petition. It is often the most practical path when the evidence of intent is strong and disputes are minimal. The petition process also helps title companies and financial institutions accept the trustee’s authority by providing a formal court order that aligns public records with the trustmaker’s plan.
A Heggstad Petition may be necessary when public records show property ownership in the decedent’s name but the estate planning documents demonstrate that the trustmaker intended the property to belong to their trust. A careful review of the trust, deeds, tax records, and any related correspondence will reveal whether the facts support a petition. If there are attempts to transfer the property or other documentation indicating intent, a petition is often appropriate to align title with the trust. If the available records are limited or contested, a preliminary evaluation can determine whether additional evidence or witness declarations can be obtained to support the petition. In some cases, alternative remedies may be more appropriate, but when intent is reasonably documented, the Heggstad Petition is an effective tool for resolving title discrepancies without full probate.
Evidence for a Heggstad Petition typically includes the trust instrument and any amendments, deeds or attempted transfer documents, tax records showing how the property was treated, and correspondence or notes indicating the trustmaker’s intent. Declarations from people with personal knowledge of the trustmaker’s actions and intentions are particularly valuable. A complete paper trail that connects the property to the trustmaker’s planning efforts strengthens the petition and assists the court in reaching a clear decision. Title reports and records from the county recorder can also be important, as they reflect how the asset appears in public records. Combined, these documents and statements provide the factual basis for the court to determine whether the property should be declared trust property and whether an order confirming title is warranted and appropriate for recording.
The timeframe for a Heggstad Petition varies depending on the complexity of the facts, the completeness of supporting documentation, court schedules, and whether any objections are filed. For straightforward matters with complete evidence and no opposition, the process can be resolved within a few months, while contested or complex cases may take longer. Preparing a well-documented petition and coordinating notice requirements efficiently helps shorten the overall timeline and reduces the likelihood of delays caused by incomplete filings. Court calendars and administrative processing times differ by county, so local factors influence timing. Early engagement with title companies and the county recorder can also speed post-order recording steps. Prompt responses to any requests for additional information and careful preparation of declarations and exhibits are practical ways to avoid unnecessary postponements that lengthen the process.
Yes, a recorded court order resulting from a successful Heggstad Petition typically resolves the title problem for purposes of selling or refinancing the property. Title companies generally accept an order confirming title as sufficient evidence to clear the record and enable the trustee to sign sale or mortgage documents. Recording the order with the county recorder updates public records to reflect the trustee’s authority and ownership, which lenders and buyers rely on to proceed with transactions. It is helpful to consult with the intended buyer or lender early in the process to understand any specific documentation they require before closing. Coordination ensures that the recorded order and trust documentation meet institutional standards and that any additional administrative steps are completed promptly so the sale or borrowing can move forward without unnecessary hold-ups.
When filing a Heggstad Petition, the petitioner must provide notice to interested parties as required by court rules, which typically includes heirs, beneficiaries, and any persons with a known interest in the property. Proper notice gives these parties the opportunity to review the petition and object if they believe the claimed trust ownership is incorrect. The specific notice requirements vary by jurisdiction and by who may be affected by the court’s decision on title. Providing accurate and timely notice reduces the risk of procedural challenges and supports the credibility of the petition. If objections are raised, the petitioner must respond appropriately and may need to present additional evidence or attend a hearing. Addressing notice and potential responses in the initial filing helps keep the process organized and predictable.
Yes, beneficiaries or heirs can object to a Heggstad Petition if they believe the property does not belong to the trust or if they dispute the facts presented. Objections can raise questions about intent, allegations of procedural defects, or assertions of competing claims. When objections occur, the court will consider the responses and may require additional hearings or evidence before deciding whether to grant the petition. Preparing thorough declarations and documentary support at filing helps address common lines of objection. If an objection arises, resolution can sometimes be achieved through negotiation or mediation, but if disputes remain, the court process will decide the matter based on the evidence. Anticipating possible objections and preparing to respond effectively improves the likelihood of a successful outcome and can shorten post-filing proceedings.
Costs for a Heggstad Petition vary depending on the complexity of the matter, the amount of document preparation required, filing fees, and whether court appearances or contested hearings are necessary. Straightforward petitions with clear documentation typically involve lower attorney and court costs, while contested matters or those requiring extensive investigation or additional records can be more costly. Reasonable estimates can be provided after an initial review of documents and facts to clarify the likely scope of work and fees. Beyond attorney fees, petitioners should budget for court filing fees, costs of obtaining certified documents, and possible title company or recorder charges for recording the court order. Transparent cost estimates and staged work plans help families plan finances and make informed decisions about pursuing a petition versus alternative remedies when appropriate.
After the court grants a Heggstad Petition and signs an order confirming title, the next step is recording that order with the county recorder to update public records. Once recorded, the trustee can use the order as evidence of authority to manage, sell, or refinance the property in accordance with the trust. Title companies and lenders generally accept the recorded order when completing transactions, and beneficiaries can receive distributions consistent with the trust terms. The petitioner should ensure all required post-order steps are completed, including providing recorded copies to interested institutions and updating trust records. If additional administrative tasks remain, such as mortgage payoff or coordination with co-owners, these are addressed after the order is recorded so the trustee can proceed under the court’s directive with clear legal authority.
Alternatives to a Heggstad Petition may include corrective deeds, affidavits, or other administrative measures when permitted by local recording rules and when the required evidence is available without court involvement. In some cases, full probate administration may be necessary if there are creditor issues or broad estate disputes that affect multiple assets. The best course depends on the specifics of the case, including the strength of documentary evidence, parties’ agreement, and institutional requirements for title clearance. A careful initial review will identify which remedies are viable and whether a petition or an alternative is more efficient. When title issues are isolated and the facts support it, a Heggstad Petition often provides the most direct way to secure a court order that will be accepted by title companies and financial institutions for post-death transactions.
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