A General Assignment of Assets to Trust is a practical legal document used to transfer ownership of certain assets into an existing trust without retitling each item individually. For many clients in Sawtelle and the greater Los Angeles area, this type of assignment simplifies the estate planning process, helps preserve privacy, and reduces the likelihood that assets will pass through probate. At the Law Offices of Robert P. Bergman, we help clients evaluate whether a general assignment aligns with their broader plan, including revocable living trusts, pour-over wills, and related documents that ensure continuity of asset management and distribution.
This page explains when a General Assignment of Assets to Trust may be appropriate, what it accomplishes, and how it interacts with other estate planning tools such as certification of trust, financial powers of attorney, and health care directives. Many people choose a general assignment when they hold personal property that is difficult to retitle or when they want to confirm that all eligible property transfers to a trust upon disability or death. We outline the legal steps, common questions, and practical considerations so you can make an informed decision about whether to include a general assignment in your plan.
A properly prepared General Assignment of Assets to Trust can streamline the post-death transfer process and reduce the administrative burden on loved ones. By documenting the intent to transfer qualifying property into a trust, a general assignment complements a trust-based plan and can prevent delays that arise when individual titles are overlooked. It can also provide clarity to financial institutions and third parties, helping to demonstrate the trust’s ownership interest without the need for extensive retitling. When combined with a pour-over will and a certification of trust, the assignment supports a smoother transition consistent with the grantor’s wishes.
The Law Offices of Robert P. Bergman assists individuals and families throughout California with estate planning matters, including trusts, wills, and ancillary documents like general assignments. Our approach is practical and client-centered: we listen to your priorities, explain options in clear language, and prepare documents tailored to your situation. Whether you are updating an existing revocable living trust, creating a pour-over will, or adding a general assignment to transfer tangible personal property, we focus on predictable results and clear communication so you and your family understand the plan and how it will operate when needed.
A General Assignment of Assets to Trust typically identifies the grantor, the trust receiving the assets, and the categories of property intended to be transferred. Unlike retitling each bank account or deed, the assignment functions as a transfer document that evidences the grantor’s intent to have listed property administered under the trust terms. This can include personal effects, household items, and other tangible personal property. It is important to confirm which assets are eligible for assignment and whether additional steps, such as updating beneficiary designations or retitling real property, remain necessary to complete the transfer process.
Because laws and institutional requirements vary, a general assignment is often used in combination with other estate planning tools. For example, a revocable living trust paired with a pour-over will helps ensure assets not previously transferred into the trust are captured after death, while a certification of trust can be provided to financial institutions to prove the trust’s existence without revealing private trust terms. Careful drafting ensures the assignment does not unintentionally override beneficiary designations or conflict with retirement account rules, so coordination across documents is essential for an effective plan.
A General Assignment of Assets to Trust is a written declaration by a trust maker directing that certain categories of property be treated as trust property. It often lists items or types of property, and it serves as evidence of intent to transfer ownership into the trust. This document is particularly helpful for items that are not easily retitled, such as household goods or collectibles. While a general assignment is persuasive and helpful for administration, some assets, especially real estate and certain financial accounts, typically require separate retitling or beneficiary designation updates to fully align with trust ownership.
A robust general assignment includes clear identification of the trust and grantor, a detailed description or category list of assets covered, effective date and signature language, and any required notarization or witness clauses under state law. The process usually begins with an inventory of personal property and review of titles and beneficiary forms. After drafting, the document should be stored with the trust documents, and trustees or successor trustees should be informed of its existence. When implemented properly, the assignment helps trustees prove authority to collect and distribute items according to trust terms after the trust maker’s death or incapacity.
Understanding the specialized vocabulary associated with trust documents helps you make informed choices. Key terms include grantor, trustee, trust corpus, pour-over will, and certification of trust. Knowing what each term means clarifies roles, rights, and procedures during administration. For instance, the grantor is the person who creates the trust, while the trustee manages assets for beneficiaries named in the trust document. A certification of trust provides a summary proof of the trust without exposing private terms, and a pour-over will can direct residual assets into the trust after death. Familiarity with these concepts reduces surprises and streamlines administration.
The grantor, sometimes called the trust maker, is the individual who creates the trust and transfers assets into it. The grantor sets the trust terms, names trustees and beneficiaries, and may retain certain powers over the trust during their lifetime. When a general assignment is used, the grantor signs the document to indicate an intention that specified items become part of the trust. The grantor’s clear direction in writing provides evidence of intent that can be relied upon by trustees, successor trustees, and institutions when administering or distributing trust property upon the grantor’s incapacity or death.
The trust corpus refers to the assets held in the trust that are subject to its terms. This can include bank accounts, investment accounts, real estate, personal property, and other items that have been transferred into the trust. A general assignment aims to expand the corpus to include certain categories of personal property that have not been individually retitled. Clear documentation and inventorying of trust corpus items help trustees administer the trust consistently with the grantor’s wishes and ensure beneficiaries receive their intended distributions without unnecessary dispute or delay.
The trustee is the person or entity who holds legal title to trust assets and manages them according to the trust document for the benefit of named beneficiaries. Trustees have fiduciary responsibilities to act in the beneficiaries’ best interests, follow distribution instructions, and keep proper records. When a general assignment is in place, trustees rely on that document alongside the trust instrument to identify and collect assigned personal property. Trustees should be informed about the assignment and given access to the trust file so they can efficiently carry out administration duties when necessary.
A pour-over will is a testamentary document that directs any assets remaining in the decedent’s name at the time of death to be transferred into the decedent’s trust. It acts as a safety net to capture assets not previously placed into the trust, including any items covered by a general assignment that were otherwise missed. While a pour-over will often still requires probate for certain assets, it ensures the residue eventually becomes part of the trust, allowing distributions according to the trust’s terms and preserving the plan’s intended outcomes for beneficiaries.
Choosing between a general assignment and individual retitling depends on the type of asset, cost, institutional requirements, and personal preferences. Real property and many financial accounts often require formal retitling to change ownership, while tangible personal property may be conveniently transferred by assignment. A general assignment can be a practical interim step but should be coordinated with updates to beneficiary designations and deeds where needed. Evaluating each asset and combining approaches often yields the most complete result, ensuring assets are properly controlled, accessible, and distributed under the trust’s terms.
For many households, items such as furniture, artwork, collectibles, and household goods are not readily retitled at financial institutions or government agencies. In those cases, a general assignment can document intent to transfer these items into a trust without the administrative burden of retitling each piece. This approach reduces paperwork and helps trustees confirm ownership for distribution after death. Still, careful inventory and descriptions can reduce later disputes over what was intended to pass under the assignment and ensure beneficiaries understand the allocation plan.
Certain low-balance financial accounts or informal holdings may not warrant the time and cost of formal retitling. Using a general assignment for these items can expedite the transition of such assets into the trust, avoiding the need to locate original account documents or undertake complex title changes. Still, the grantor should review institutional rules since some accounts require specific procedures to recognize trust ownership. Combining assignment for tangible items with targeted retitling for accounts with institutional rules often provides a balanced and efficient path forward.
Real estate and certain retirement or brokerage accounts often require formal title changes or beneficiary designations to ensure trust ownership. If a significant portion of your estate consists of such assets, a comprehensive approach is advisable to avoid unintended probate or conflicts. A thorough review includes examining deeds, beneficiary forms, and trust language to identify items that must be retitled or re-designated. Coordinating these changes with a general assignment for personal property helps create a complete plan that aligns with your wishes and reduces the risk of assets being overlooked during administration.
When tax planning, creditor protection, or complex beneficiary arrangements are part of the objective, a comprehensive legal review is important to ensure each action supports the overall plan. Transferring substantial assets without attention to tax consequences or creditor exposure can create unintended results. Similarly, unique beneficiary provisions, conditional distributions, or special needs planning require careful drafting and alignment among trust instruments, assignments, and supporting documents. A full assessment helps create a cohesive strategy that addresses administration, timing, and potential legal implications for all parties involved.
A comprehensive approach combines targeted retitling, beneficiary updates, and general assignment of assets to create a consistent and effective estate plan. This coordination reduces the risk of assets unintentionally passing through probate, minimizes administrative burdens for trustees and heirs, and clarifies the grantor’s intentions. By implementing both document-level and asset-level changes, families can often avoid delays, reduce conflict, and ensure that personal items and financial accounts are distributed in line with the trust terms. A coordinated plan also supports continuity of financial management during incapacity, using powers of attorney and trust provisions as needed.
Beyond administration, a comprehensive review helps detect inconsistent provisions, outdated beneficiary designations, or assets that require special handling. Updating a trust, pour-over will, certification of trust, and related forms ensures each instrument remains effective and complementary. The process also offers an opportunity to document preferences for sentimental items, make guardian nominations where appropriate, and coordinate retirement and life insurance arrangements to avoid surprises. In short, a comprehensive strategy provides clarity, reduces friction, and helps promote the orderly transfer of assets consistent with the grantor’s intent.
One of the primary advantages of a comprehensive trust-centered plan is diminishing the likelihood that assets will be subject to probate. By ensuring that as many items as possible are treated as trust property—whether through retitling or a general assignment—families often experience a faster and less public transfer of assets. Trustees can rely on documented evidence to collect and distribute assets according to the trust, decreasing time spent navigating probate procedures. This helps preserve estate value and provides beneficiaries with clearer, more timely access to inheritance distributions.
Clear, well-documented plans reduce uncertainty and potential disputes among heirs. A comprehensive effort clarifies who receives what, when, and under which conditions, reducing the potential for misinterpretation or disagreement. When a general assignment accompanies detailed trust provisions, trustees and beneficiaries are less likely to contest distributions or question authority. Providing clear instructions for sentimental personal property and maintaining organized documentation also helps families honor the grantor’s intentions and avoid conflict that can otherwise arise during emotionally difficult times.
Begin by creating a clear inventory of household items, collectibles, and other tangible personal property that you want the trust to cover. An up-to-date inventory makes it easier to draft a meaningful general assignment and reduces ambiguity for trustees and beneficiaries. Include photographs, serial numbers, appraisals when relevant, and notes about sentimental value or intended recipients. Storing the inventory with trust documents and informing a trusted person of its location enhances the likelihood that items will be collected and distributed as intended without time-consuming searches or disputes following the grantor’s death.
Store the general assignment and related trust documents in a secure but accessible location and tell the trustee and a close family member where to find them. Provide a certification of trust or a copy of relevant pages as appropriate so institutions can confirm authority without viewing the entire trust. Clear communication with trustees and successor trustees about the existence and purpose of the assignment reduces confusion during administration. Periodic reviews and updates are also valuable to reflect changes in assets, relationships, or intentions, ensuring the plan remains current and effective.
A general assignment may be appropriate when you want to transfer tangible personal property into a trust but face practical obstacles to retitling each item. It also provides a written record of intent that trustees can rely upon during administration. Individuals with extensive household contents, personal collections, or items that lack formal titles frequently benefit from this approach. In addition, a general assignment complements a pour-over will and trust, helping ensure that property not previously moved into the trust is addressed in a unified plan that reflects your wishes for distribution and management.
People may also choose a general assignment to reduce paperwork and expense when the costs of individually transferring each item outweigh the benefits. It is particularly useful for estates where many items have modest value but significant sentimental importance. The assignment can be drafted to clarify intentions for sentimental distribution, support trustee authority to collect and distribute items, and serve as evidence in interactions with third parties. Nonetheless, coordination with other estate documents and consideration of institutional requirements remains important to avoid unintended consequences.
Typical circumstances include estates with numerous personal possessions, transfers following incapacity where retitling is impractical, and situations in which the grantor wishes to avoid administrative complexity while still ensuring personal property passes to the trust. It is also common where title changes for real estate or certain accounts are unnecessary or impractical, but the grantor wants a written record of intent for other items. Families with sentimental heirlooms, small collections, or frequently changing household contents often find a general assignment to be a practical addition to their trust documents.
Household contents such as furniture, linens, kitchenware, and decorations are rarely retitled and are well-suited for inclusion via a general assignment. When planning for the transfer of these items, it helps to indicate categories or specific items and, when desired, identify intended recipients. Doing so reduces the chance of misunderstanding among family members and guides trustees during distribution. Maintaining a current inventory and making clear notes about sentimental significance can help prevent disputes and ensure that items with emotional importance reach the intended family members.
Collections—such as stamps, coins, memorabilia, or small art holdings—often lack formal titles that can be retitled, which makes a general assignment a practical solution. An assignment can describe the collection in general terms or reference a detailed inventory that accompanies the trust documents. For items of higher monetary value, trustees may need appraisals or additional documentation to facilitate sale or distribution. Describing the collection and any preferences for disposition helps preserve family intentions and supports trustees in acting promptly and sensibly.
Even with careful planning, some assets may be overlooked when titles are updated, particularly small accounts or infrequently used items. A general assignment functions as a backstop, capturing assets that were intended to be part of the trust but were unintentionally missed during retitling. Including a pour-over will alongside the assignment offers further assurance that residual assets will flow into the trust and be distributed according to its terms. Regular reviews of asset lists and beneficiary forms help reduce the likelihood of overlooking items in the first place.
If you reside in Sawtelle or nearby Los Angeles neighborhoods, the Law Offices of Robert P. Bergman can assist with drafting a general assignment of assets to trust and coordinating that document with your overall estate plan. Our firm helps ensure that assignments, trust amendments, pour-over wills, and related instruments work together to reflect your goals. We guide clients through inventorying personal property, identifying titles that require retitling, and explaining interactions with beneficiary designations. Our goal is to provide practical, clear legal documents that ease administration and align with your wishes.
The Law Offices of Robert P. Bergman offers focused attention to the details that make estate plans work for real families. We tailor documents such as general assignments to your circumstances, ensuring they complement your trust and related instruments. Clients receive practical guidance on inventorying property, coordination with financial institutions, and the steps needed to formalize transfers where required. We emphasize clarity in drafting and communication so trustees and family members understand both intent and process, which helps reduce stress during administration and supports orderly distribution of assets.
Our firm works with a full range of estate planning documents, including revocable living trusts, pour-over wills, financial powers of attorney, advance health care directives, HIPAA authorizations, and guardianship nominations. This comprehensive approach ensures the general assignment is not drafted in isolation but as part of a cohesive plan. We help clients confirm which assets need formal retitling and which may be appropriately covered by an assignment, and we provide clear instructions and document organization to streamline trustee duties and avoid unnecessary complications for your family.
We recognize that each client’s situation is unique, and we prioritize practical solutions that reflect personal preferences and family dynamics. From helping draft a certification of trust to preparing pour-over wills and handling trust modifications or Heggstad petitions, we support the full lifecycle of trust administration. Our goal is to deliver durable, well-structured documents and a transparent process so you can feel confident that your property will be handled in accordance with your wishes when it matters most.
Our process begins with an initial consultation to review your current trust, inventory assets, and discuss objectives for personal property disposition. We assess titles, beneficiary forms, and any items that must be retitled versus those suitable for a general assignment. After drafting the assignment and reviewing it with you, we arrange for signatures, notarization, and appropriate storage with your trust documents. We also prepare a certification of trust or other supporting materials that trustees can use when dealing with banks and institutions, and we recommend follow-up actions to keep your plan current as assets change.
The first step is a comprehensive review of your existing estate plan and a detailed inventory of personal property you wish to include in the assignment. This includes identifying household goods, collectibles, and other items that are difficult to retitle, as well as listing financial accounts and real estate that may require different actions. We discuss your preferences for distribution and any sentimental considerations. This information forms the basis for drafting the assignment so that it accurately reflects your intent and integrates properly with your trust documents.
We analyze deeds, account statements, beneficiary designations, and any existing trust documents to determine which assets already belong to the trust and which require action. Categorizing assets clarifies what can be included by assignment and what should be retitled. This step reduces surprises during administration and identifies any conflicts or outdated forms that might need updating. Clear categorization also helps trustees and family members understand the scope of the assignment and the location of supporting documentation.
Creating an inventory with notes about intended recipients or sentimental priorities helps translate personal wishes into actionable instructions for trustees. We recommend including photographs, appraisals where appropriate, and clear descriptions so items are easily identified. These preference notes do not replace the trust’s distribution provisions but provide guidance for personal property that can reduce disagreements. Establishing this record during the planning stage makes administration more efficient and supports a smoother transfer of belongings consistent with your intentions.
Once assets are identified and your objectives are clear, we draft the General Assignment of Assets to Trust tailored to your trust’s name and terms. The document includes precise language identifying the trust, the grantor, and the assets covered, plus signature and notarization blocks as required by law. We review the draft with you to confirm wording and any specific gift designations. After signing and notarizing, the assignment is stored with the trust documents and a certification of trust is prepared for use with banks or other institutions that may request proof of trust authority.
Clear drafting ensures the assignment conveys the grantor’s intent without ambiguity. The language should correspond to the trust’s title and date and specify the categories or items included. Where desired, the assignment can reference an attached inventory or schedule to avoid overly lengthy documents. Precision in naming the trust and grantor reduces the risk of institutional pushback and gives trustees a reliable document for administering the assigned property. We avoid vague phrasing and craft provisions that reflect how items should be treated under the trust.
Proper execution, including notarization where appropriate, helps ensure the assignment will be accepted by trustees and third parties. After signing, we recommend storing the original assignment with the trust package in a secure location accessible to the trustee. Providing a certified copy or a certification of trust to relevant institutions can facilitate acceptance without exposing sensitive trust terms. We also advise clients on keeping an updated inventory and notifying successor trustees of the assignment’s existence so they can locate supporting documents when needed.
Estate plans should be reviewed periodically to reflect changes in assets, family circumstances, or legal requirements. After implementing a general assignment, we follow up to confirm beneficiary designations, retitling where required, and the safe storage of documents. We recommend annual or biannual reviews of assets and beneficiary forms, and updating inventory lists as personal property changes. Ongoing maintenance helps ensure the assignment remains aligned with the trust and that trustees have the information they need to act efficiently when the time comes.
Regular plan reviews help capture life changes such as births, deaths, marriage, divorce, or significant asset acquisitions that affect estate planning decisions. During reviews, we update the trust, assignments, and related documents to reflect new circumstances. This proactive approach reduces the risk of outdated instructions and helps ensure beneficiary designations and retitling are consistent with current intentions. Keeping documents up to date increases the likelihood that your wishes will be honored and that trustees can carry out administration smoothly.
After a trust is in place and an assignment is executed, trustees may receive requests from banks or other institutions seeking proof of authority. We prepare a certification of trust and advise trustees on providing appropriate documentation without exposing private trust terms. If institutions require additional steps, we assist in communicating with them and, if necessary, preparing supplemental affidavits or documentation. Supporting trustees in these interactions helps complete asset transfers and reduces delays in distribution to beneficiaries.
A General Assignment of Assets to Trust is a written declaration that certain categories of property are intended to be part of your trust. It commonly covers tangible personal property like furniture, household goods, and collectibles that are not easily retitled. The assignment identifies the trust and the grantor and serves as evidence of intent, which trustees can use during administration. It is typically used in conjunction with a trust instrument, a certification of trust for institutional interactions, and a pour-over will to address residual assets. While an assignment is persuasive and helpful, its legal effect depends on the asset type and institutional requirements. Real property, retirement accounts, and some financial accounts usually require formal retitling or beneficiary designation changes to avoid probate. A general assignment helps capture many personal items and supports trustee authority, but a comprehensive review of titles and beneficiary forms is recommended to ensure all assets are addressed as intended.
A general assignment can reduce the likelihood that certain personal property will pass through probate, but it does not automatically prevent probate for every asset. Assets that remain titled solely in the decedent’s name, such as real estate or accounts without proper beneficiary designations, may still require probate or specific retitling steps. The assignment is an important tool for items that are not feasibly retitled and can help trustees identify and collect such property for distribution under the trust. To minimize probate exposure comprehensively, it is necessary to combine the assignment with proper retitling of deeds and accounts, updated beneficiary designations on retirement and insurance accounts, and a pour-over will. This coordinated approach helps ensure that the trust holds or receives the majority of the estate and that administration proceeds with less court involvement and reduced delay for beneficiaries.
Many institutions require formal retitling for real estate and certain bank or brokerage accounts to recognize trust ownership, so those assets generally need to be retitled to the trust’s name. The assignment is most effective for items without formal title requirements, such as household goods and personal effects. For property that must be retitled, the process typically involves executing new deeds or account forms listing the trust as owner and providing any required trust certification or supporting documents. Because requirements vary, it is important to review each asset’s title and institution’s policies. We advise clients to inventory assets, determine which require retitling, and then proceed with appropriate transfer steps. This ensures that significant assets are not left outside the trust and reduces the need for later court involvement or additional paperwork for trustees.
Yes. A general assignment can include language that references specific items to be given to specific people, or it can reference a separate inventory or memorandum that lists who should receive which item. Including clear allocations for sentimental items helps reduce the potential for family disagreement and guides trustees during distribution. When using specific gifts, it is helpful to include identifying details so trustees can readily identify the intended items. However, because personal preferences and family relationships can change, it is wise to keep these allocations up to date and consistent with the trust’s distribution provisions. If significant disputes or ambiguities arise, trustees may need additional documentation such as photographs or appraisals to support the intended distribution. Regularly reviewing and updating the inventory and assignments reduces the chance of confusion.
Store the original general assignment with your trust documents in a secure but accessible location, and make sure the trustee and a trusted family member know where to find them. Many clients keep documents in a locked safe, a secure online repository, or a law firm’s records with instructions for access upon incapacity or death. Providing a certification of trust or a copy of relevant pages to financial institutions, as appropriate, can help trustees manage assets without exposing private trust terms. Document accessibility is important because trustees and successor trustees need to locate and present proof of trust authority when dealing with banks, title companies, or other institutions. Clear instructions for where documents are kept, who has access, and how to obtain certified copies will reduce delays and simplify administration while maintaining appropriate confidentiality of trust contents.
If an institution declines to accept a general assignment, the trustee should request a written explanation of the institution’s requirements and then provide a certification of trust or other supporting documents that confirm the trustee’s authority. Institutions sometimes require retitling, additional affidavits, or specific forms. When that occurs, trustees can follow the institution’s prescribed process, which may include providing certified copies of trust documents or obtaining court confirmation in rare cases. If difficulties persist, legal counsel can assist in communicating with the institution, preparing required documentation, or advising on next steps. In many cases, a prepared certification of trust and clear documentation resolve institutional concerns, allowing trustees to complete transfers and distributions consistent with the trust’s terms.
A general assignment in itself does not typically change immediate tax obligations, but how assets are transferred and administered can have tax implications. Transfers into a revocable living trust during the grantor’s lifetime are generally treated as non-taxable events for federal gift tax or income tax purposes because the grantor retains control. However, the tax treatment upon death, and the ongoing tax reporting for trusts or beneficiaries, depends on the types of assets and their tax characteristics, such as retirement accounts or taxable investment accounts. When planning for larger estates or assets with complex tax consequences, coordinated tax review can help identify strategies to minimize adverse outcomes. Reviewing retirement accounts, life insurance, and investment accounts in conjunction with a trust and assignment ensures beneficiaries receive appropriate guidance and trustees understand any reporting responsibilities or tax liabilities that may arise during administration.
Yes, a General Assignment can typically be amended or revoked by the grantor while they have capacity, depending on the terms of the assignment and the governing law. If your circumstances change—such as acquiring new assets, changing intended recipients for personal items, or modifying the trust itself—you can update the assignment accordingly. Keeping assignments and inventories current ensures trustees act on the most recent instructions and reduces potential heirs’ confusion or disputes. To amend or revoke an assignment, sign a new assignment or execute a formal amendment that references and supersedes the prior document. It is also important to update any related documents, such as inventories or preferences, and inform the trustee of changes so the updated materials are easily located during administration.
A pour-over will functions alongside a trust by directing any assets remaining in the decedent’s individual name at death to be transferred into the trust for distribution under its terms. If some items are not covered by retitling or assignment prior to death, the pour-over will can help ensure those assets are captured by the trust through probate and subsequently distributed according to the trust’s provisions. Together, the assignment and pour-over will provide overlapping protections to help achieve the grantor’s goals. While a pour-over will supports the trust plan, relying solely on it may still necessitate probate for certain assets. Combining retitling, beneficiary updates, and a general assignment reduces the quantity and complexity of probate assets, making administration more efficient and keeping more of the estate’s distribution process within the trust framework.
The first step is to review your existing estate plan and conduct an inventory of personal property to determine which items are best included through a general assignment. Identify household items, collections, and other tangible property that would be costly or impractical to retitle. At the same time, review deeds, account titles, and beneficiary forms to identify assets that require direct retitling or form updates to ensure they pass as intended. After gathering information, consult with an attorney to draft a clear assignment that corresponds to your trust’s name and terms and to prepare any supporting documents such as a certification of trust. Proper execution, notarization where needed, and secure storage complete the process and help ensure trustees can act promptly and in accordance with your instructions when it becomes necessary.
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