A retirement plan trust lets you direct retirement account assets according to your broader estate plan while addressing tax, distribution, and beneficiary considerations unique to retirement accounts. At the Law Offices of Robert P. Bergman we help clients in Oakhurst and throughout Madera County understand how a retirement plan trust can be used alongside revocable living trusts, pour-over wills, and other estate planning documents. This introduction explains the role of retirement plan trusts and how they integrate with documents like a Last Will and Testament, financial powers of attorney, and advance health care directives to protect your intended legacy.
Choosing whether to use a retirement plan trust involves balancing retirement account rules, beneficiary designations, and your broader wishes for asset distribution. A properly drafted retirement plan trust can help facilitate orderly distribution of IRAs or qualified plans, protect vulnerable beneficiaries, and coordinate with provisions such as general assignments of assets to a trust, certifications of trust, and pour-over wills. This section gives a high-level view of why someone in Oakhurst would consider this tool and what initial steps to take when consulting the Law Offices of Robert P. Bergman.
A retirement plan trust is important because retirement accounts often have distinct tax treatments and distribution rules that differ from other trust assets. When retirement assets are passed directly to heirs without careful planning, unexpected tax burdens or probate complications can arise. Using a retirement plan trust can help ensure retirement funds are distributed according to your intentions, provide ongoing management for beneficiaries who need oversight, and allow integration with documents like pour-over wills, HIPAA authorizations, and financial powers of attorney. Working from San Jose through Madera County, our firm explains these benefits clearly and helps tailor solutions to your family circumstances.
The Law Offices of Robert P. Bergman serve clients across California from a foundation in San Jose, offering seasoned guidance in estate planning matters including retirement plan trusts, irrevocable life insurance trusts, and special needs trusts. We focus on practical legal planning that aligns retirement accounts with revocable living trusts and pour-over wills. Our process emphasizes clear communication, careful drafting, and coordination with financial advisors or plan administrators when needed. Call 408-528-2827 to discuss how a retirement plan trust could fit into your estate plan for Oakhurst and Madera County.
A retirement plan trust is a trust created to receive retirement account proceeds and hold them for the benefit of beneficiaries under terms you specify. It can be standalone or linked to a revocable living trust and is drafted to respect plan rules and tax regulations. The trust document will address beneficiary designations, distribution timing, and administration duties, and often works alongside documents such as a certification of trust, general assignment of assets to trust, and HIPAA authorization. Proper drafting ensures the retirement plan trust functions as intended and coordinates with your overall estate plan.
When contemplating a retirement plan trust, consider how required minimum distributions, spousal rights, and beneficiary ages affect the design. Trust provisions can provide asset protection, structured payouts, and oversight for adult children, disabled beneficiaries, or those with creditor exposure. Coordination with retirement plan administrators is necessary so beneficiary designations align with trust terms. For Oakhurst residents, this means reviewing your IRA or 401(k) documents alongside your will and trust instruments such as revocable living trusts and pour-over wills to create a cohesive legacy plan.
A retirement plan trust is a legal arrangement that receives retirement account proceeds according to the terms you set, holding and distributing funds to named beneficiaries. It can control timing of distributions, provide creditor safeguards, and manage tax-sensitive transfers. Drafting carefully avoids conflicts with plan documents and ensures compliance with beneficiary designation requirements. This trust interacts with other estate planning tools such as the Last Will and Testament, financial power of attorney, and advance health care directive so that your retirement assets carry out your wishes without unintended consequences.
Creating a retirement plan trust involves identifying the retirement accounts to be included, drafting trust provisions to meet plan and tax requirements, naming trustees and beneficiaries, and coordinating beneficiary designations with retirement plan administrators. The process typically includes reviewing existing estate documents, preparing a trust instrument or trust amendment, and ensuring the trust meets any plan-specific distribution rules. Additional documents such as a general assignment of assets to trust, certification of trust, and pour-over will may be prepared to harmonize the retirement plan trust with your overall plan.
Understanding the terminology used with retirement plan trusts makes informed decisions easier. Common terms include beneficiary designation, required minimum distribution, trust protector, conduit and accumulation provisions, and qualified plan rules. Knowing how terms relate to documents such as revocable living trusts, pour-over wills, and HIPAA authorizations helps ensure your retirement plan trust functions properly. This glossary section defines these terms in plain language so you can review options and talk confidently about your plan with legal counsel and plan administrators.
A beneficiary designation is an instruction provided directly to a retirement plan or account custodian naming who will receive the account upon your death. Retirement assets often pass outside probate through these designations, making them a critical element of estate planning. When a trust is named as beneficiary, the trust document must meet the plan’s requirements so the trustee can receive and manage funds properly. Ensuring consistency between beneficiary designations and trust provisions is essential to avoid unintended tax or distribution results for heirs and beneficiaries.
Required Minimum Distributions (RMDs) are the minimum amounts that retirement account owners or beneficiaries must withdraw each year once certain age or retirement rules apply. The calculation and timing of RMDs can affect how a retirement plan trust is drafted; for example, some trusts include provisions to allow RMDs to pass through to beneficiaries or to accumulate funds in trust for later distribution. Proper planning ensures RMD rules are respected while achieving the intended management and protection of retirement assets for the named beneficiaries.
Conduit and accumulation are two common trust distribution approaches for retirement accounts. A conduit trust requires the trustee to distribute retirement-derived payments immediately to beneficiaries, while an accumulation trust allows funds to be retained and reinvested within the trust. The choice impacts taxes, control, and creditor protection. Selecting appropriate provisions depends on beneficiary needs, the size of the retirement account, and goals for long-term asset management. Drafting should consider both plan rules and the desired balance between distribution flexibility and oversight.
A pour-over will is a testamentary document that directs assets remaining in your estate at death to be transferred into a previously established trust, often a revocable living trust. It serves as a safety net for assets not titled in the trust before death. When used with retirement plan trusts, a pour-over will helps ensure consistency in asset management and distributions. Maintaining coordinated documents, including pour-over wills and certifications of trust, helps prevent unintended probate and facilitates efficient administration of the estate and trust assets.
There are several ways to handle retirement account assets: naming individual beneficiaries directly, directing proceeds to an existing revocable living trust, or creating a standalone retirement plan trust. Direct beneficiary designations are simple but may lack controls for vulnerable beneficiaries or asset protection. Naming a trust offers more control and oversight but requires careful drafting to align with plan rules. This comparison helps Oakhurst residents weigh simplicity versus control, tax considerations, and the need for ongoing management when deciding which approach suits their situation.
Choosing straightforward beneficiary designations can be appropriate when retirement assets are intended for capable adult beneficiaries without special needs or creditor concerns. If heirs are financially responsible and family dynamics are uncomplicated, direct designations avoid administrative complexity and allow fast transfer of retirement assets without involving trust administration. For many Oakhurst families, direct beneficiary naming works well when it aligns with the rest of the estate plan and when there is a clear understanding among family members about how the assets should be managed.
When retirement account balances are modest and the potential tax or creditor exposure is limited, a limited approach with direct beneficiary designations can be efficient. Smaller accounts may not justify the time and cost of creating and maintaining a trust. In these cases, ensuring beneficiary designations are up to date and matching them to your overall estate plan may provide adequate protection and clarity for heirs. Regular reviews keep designations current and prevent surprises at the time of transfer.
When beneficiaries are minors, have special needs, or lack financial experience, a retirement plan trust can provide oversight and structured distributions. The trust can appoint a trustee to manage funds responsibly, set distribution schedules, and include terms that protect benefits for a lifetime or until a beneficiary reaches a specified age. Such protections are particularly useful when coordinating with special needs trusts, guardianship nominations, or when protecting assets from creditors, ensuring retirement funds serve intended purposes over time.
For substantial retirement accounts, careful planning can preserve tax advantages and manage distributions to reduce tax impacts over time. A retirement plan trust can be drafted to accommodate required minimum distributions while offering controlled distribution strategies that may be tax-efficient for beneficiaries. When estates include multiple asset types, trusts help coordinate distributions, assist with succession planning, and maintain privacy by minimizing probate exposure. For many Oakhurst residents with sizable retirement holdings, these considerations make a trust an attractive planning tool.
A comprehensive approach aligns retirement accounts with your entire estate plan, improving clarity and protecting beneficiary interests. It reduces the risk of conflicting beneficiary designations, preserves privacy by limiting probate, and provides mechanisms to manage distributions over time. This approach can be especially valuable for those with blended families, special needs beneficiaries, or concerns about creditor claims. Coordinating retirement plan trusts with documents like revocable living trusts, pour-over wills, and HIPAA authorizations creates a cohesive plan that reflects your priorities and family circumstances.
Comprehensive planning also allows for coordination between retirement accounts and other trust vehicles, such as irrevocable life insurance trusts or special needs trusts. This coordination can help ensure funds are available when needed for care, support, or legacy goals. Working through potential distribution scenarios ahead of time prevents confusion and delays for beneficiaries. For Oakhurst clients, having a tailored retirement plan trust drafted and reviewed regularly provides peace of mind that retirement assets will be handled as intended in concert with the rest of the estate plan.
One prime benefit of a retirement plan trust is the ability to govern when and how retirement funds are distributed to beneficiaries. This control allows account owners to protect young or inexperienced heirs, set predictable payout schedules, and ensure funds support long-term needs rather than immediate consumption. Trust provisions can specify the purposes for distributions and fund management approaches, offering structure that direct beneficiary designations cannot. This benefit helps families preserve wealth across generations while meeting specific objectives for retirement funds.
A well-crafted retirement plan trust is designed to work seamlessly with revocable living trusts, pour-over wills, powers of attorney, and advance health care directives. When documents are aligned, administration becomes more straightforward and the risk of conflicts or unintended outcomes decreases. This coordination ensures retirement accounts support your overall legacy objectives, whether that means providing for a surviving spouse, funding a special needs trust, or preserving assets for future generations. Consistent documentation across your estate plan enhances clarity for trustees and beneficiaries.
Regularly reviewing beneficiary designations is a practical step that helps ensure retirement account transfers reflect current wishes. Life events such as marriage, divorce, birth, or changes in relationships can affect who should receive retirement assets. Make sure beneficiary forms filed with IRA and plan custodians match the provisions of trusts or wills, and confirm any trust named as beneficiary satisfies plan requirements. Periodic reviews reduce the likelihood of unintended consequences and keep your retirement plan trust aligned with the broader estate plan.
Evaluate the financial maturity, health, and circumstances of each beneficiary when deciding whether to use a retirement plan trust. Trusts can provide protections for those with special needs, past creditor issues, or vulnerabilities, while direct designations may suit confident adult beneficiaries. Anticipating future needs and outlining distribution standards in the trust ensures retirement funds serve the intended purpose. Thoughtful planning minimizes the chance of conflict and supports long-term family goals while keeping distributions consistent with tax rules and plan provisions.
Consider a retirement plan trust if you want tighter control over retirement asset distributions, protection for beneficiaries with special circumstances, or coordination with a larger estate strategy. Trusts can support multigenerational planning, reduce the potential for probate-related delays, and provide mechanisms to manage tax impacts and scheduled distributions. For residents of Oakhurst and Madera County, integrating retirement accounts into a comprehensive estate plan ensures retirement funds are directed where intended and handled in a manner consistent with family needs and legal requirements.
Other reasons to consider a retirement plan trust include preserving privacy by minimizing probate exposure, managing larger retirement account balances with an eye toward tax efficiency, and creating safeguards for minors or beneficiaries who require oversight. When retirement funds are central to your legacy, a trust offers an added layer of planning that can coordinate with documents like irrevocable life insurance trusts, special needs trusts, and guardianship nominations. A careful review helps determine whether the benefits outweigh the administrative considerations for your household.
Situations that commonly point toward creating a retirement plan trust include having beneficiaries who are minors, adults with disabilities, beneficiaries facing creditor risks, blended families with complex inheritances, or account sizes that warrant structured distribution. The trust can address timing, oversight, and protection needs that direct beneficiary designations cannot. For Oakhurst families, evaluating these factors alongside existing documents like revocable living trusts, pour-over wills, and HIPAA authorizations helps determine whether a retirement plan trust best meets your objectives.
When beneficiaries are young or lack financial experience, a retirement plan trust can provide structured distributions and an appointed trustee to manage funds on their behalf. This approach helps prevent misuse of funds and supports long-term needs such as education, housing, or health care. Trust terms can set age-based milestones for distributions or allow for distributions for specific purposes, giving families security and a clear plan for how retirement assets should be used over time rather than being immediately liquidated by an unprepared beneficiary.
For beneficiaries who rely on public benefits, a properly structured retirement plan trust can preserve eligibility while providing supplemental support. When aligned with a special needs trust or other protective measures, retirement funds can enhance quality of life without jeopardizing vital benefits. Careful drafting ensures distributions are made in a way that supplements rather than replaces government assistance, and coordination with guardianship nominations or special needs planning documents is essential to achieve the intended protective outcome.
If beneficiaries face creditor exposure or have a risk of divorce, directing retirement accounts into a trust can add protections by limiting direct ownership and establishing conditions for distributions. Trust provisions may restrict access until certain criteria are met or provide spendthrift protections that hinder creditor claims. While not all creditor or marital risks can be fully prevented, thoughtful trust design can offer stronger safeguards than naming individuals directly and helps maintain the intended use of retirement assets for future generations.
The Law Offices of Robert P. Bergman provides guidance to clients in Oakhurst and across Madera County on retirement plan trust matters and broader estate planning needs. We help clients evaluate retirement account rules, draft trust provisions that coordinate with existing trusts and wills, and advise on beneficiary designations to ensure consistent results. With practical approaches tailored to local families, we assist in preparing documents such as revocable living trusts, pour-over wills, financial powers of attorney, and HIPAA authorizations to create a cohesive plan for retirement and other assets.
Clients turn to the Law Offices of Robert P. Bergman for clear guidance on retirement account planning and trust drafting. Our approach emphasizes careful document coordination, practical solutions that work with retirement plan administrators, and straightforward communication throughout the planning and administration process. We take time to understand family goals and prepare trust provisions that align with those goals, ensuring retirement assets are managed and distributed in a manner that reflects your intentions and family circumstances.
We help clients address common planning goals such as protecting retirement assets for vulnerable beneficiaries, coordinating retirement distributions with tax planning, and integrating retirement accounts into a larger estate plan that includes pour-over wills, certifications of trust, and other essential documents. Our practice assists with both the drafting and the practical steps necessary to ensure beneficiaries and trustees understand their roles and that retirement accounts are titled or designated correctly to achieve smooth transitions.
Families in Oakhurst and Madera County can rely on our firm to review existing estate documents, propose sensible trust provisions, and provide actionable steps for implementation. From initial planning and document preparation to coordination with financial institutions and follow-up revisions, we strive to make retirement plan trust formation straightforward and effective. Contact our office to discuss how a retirement plan trust can be tailored to your needs and aligned with documents such as revocable living trusts and pour-over wills.
Our process begins with a detailed review of your retirement accounts and existing estate documents, followed by discussion of goals for distribution, protection, and tax considerations. We draft trust provisions tailored to those goals, coordinate beneficiary designations with account custodians, and prepare complementary documents such as pour-over wills and certifications of trust. After drafting, we review the documents with you to confirm all details, assist with signature and funding steps when needed, and provide guidance on administering the trust at the appropriate time.
Step one focuses on understanding your retirement accounts, family circumstances, and estate plan goals. We review IRAs, 401(k)s, and other qualified plans, examine beneficiary designations, and assess whether a retirement plan trust is appropriate given your objectives. This stage includes identifying potential conflicts, tax implications, and coordination needs with existing documents such as revocable living trusts and pour-over wills, all with the aim of crafting a retirement plan trust that reflects your wishes and works alongside other planning instruments.
During document review we collect account statements, beneficiary forms, and copies of existing estate planning documents to build a full picture of your current planning. This allows us to identify mismatches, update beneficiary designations if needed, and plan trust language that aligns with retirement plan rules. Gathering clear documentation at the outset reduces the chance of surprises later and helps ensure the trust provisions will be accepted by plan administrators when the time comes to transfer assets.
We discuss your goals for the retirement assets, whether that means providing income for a spouse, preserving funds for heirs, protecting a beneficiary with special needs, or ensuring tax-efficient distribution. Understanding each beneficiary’s situation informs whether a conduit or accumulation trust approach is preferable and guides the particular provisions we include. These conversations help shape a plan that meets your objectives while complying with legal and plan-specific requirements.
In this step we prepare the retirement plan trust instrument and any associated documents such as a certification of trust, general assignment of assets to trust, or pour-over will. The drafting stage focuses on clarity and compliance with plan rules and tax considerations. We coordinate with your financial advisors and account custodians as necessary to confirm that beneficiary designations will function as intended and to address any procedural requirements for the trust to be recognized by the retirement plan administrator.
Drafting the trust instrument involves setting out trustee powers, distribution standards, and provisions to manage required minimum distributions or other retirement-specific rules. We tailor trust language to your goals, whether you prefer regular income for a surviving spouse, controlled distributions for young beneficiaries, or preservation for long-term care and legacy planning. The trust is written to integrate with other estate planning documents and to be practical for trustees to administer.
After drafting, we work with retirement plan administrators to confirm the trust meets plan requirements and to facilitate smooth recognition of the trust as beneficiary. This may include providing the plan administrator with a certification of trust or other documentation the plan requires. Confirming administrative steps ahead of time reduces delays for beneficiaries and helps prevent unintended tax or distribution problems when the account is transferred to the trust.
Finalizing a retirement plan trust includes executing documents, updating beneficiary designations with account custodians, and preparing related estate planning documents such as pour-over wills and HIPAA authorizations. After implementation, periodic review is recommended to ensureTrust terms remain aligned with tax law, plan updates, and changes in family circumstances. Ongoing review helps maintain the intended benefits of the trust and addresses changes in retirement plan rules or beneficiary situations promptly.
Execution typically requires signing the trust and supporting documents in accordance with state requirements and updating beneficiary forms with retirement plan custodians. If assets other than retirement accounts are to flow into a revocable living trust, additional funding steps may be necessary. We guide you through each step to ensure the trust is properly recognized and that beneficiary designations point to the intended trust or individuals without unintended conflicts or omissions.
Once implemented, periodic reviews help ensure the retirement plan trust continues to reflect your wishes and remains consistent with tax law and plan rules. Life changes such as marriage, divorce, births, or changes in beneficiary circumstances may necessitate amendments. Regularly reviewing accounts and documents with legal counsel helps prevent outdated beneficiary designations or trust provisions that no longer serve your goals and preserves the coherence of your overall estate plan.
A retirement plan trust is a trust designed to receive proceeds from retirement accounts such as IRAs or qualified plans and to hold and distribute those funds according to terms you set. It is used when direct beneficiary designations may not achieve your goals, for example when you want to manage distributions for vulnerable beneficiaries, preserve assets for multiple beneficiaries, or coordinate tax-sensitive distribution strategies. The trust must be drafted to work with plan rules so trustees can receive and administer funds without unintended consequences. Whether you need a retirement plan trust depends on family circumstances, account size, and planning objectives. For many households in Oakhurst, trusts provide structure and protection that direct designations cannot. During an initial consultation we assess retirement account types, beneficiary needs, and how the retirement plan trust would fit with other documents like revocable living trusts and pour-over wills. This helps determine if the benefits justify the trust’s complexity and administrative steps.
Naming a trust as beneficiary can affect how retirement proceeds are taxed and when distributions occur. Retirement accounts are taxed under specific rules that may require distributions to begin at certain times; the trust’s terms influence whether distributions flow immediately to beneficiaries or remain in trust for reinvestment. Properly drafted provisions can help align distributions with tax planning goals while protecting assets, but careless drafting can trigger undesirable tax results or administrative complications with the plan custodian. To avoid negative tax impacts, it is important to draft the trust with retirement plan rules in mind and coordinate with account custodians or plan administrators. We review required minimum distribution rules and recommend conduit or accumulation provisions based on the client’s goals. This coordination ensures that tax and timing consequences are understood and that the trust functions as intended for beneficiaries.
Choosing between a revocable living trust and a standalone retirement plan trust depends on objectives and account design. Naming an existing revocable living trust can simplify documentation but may not provide the distribution controls or trust structures needed for retirement-specific tax treatment. A standalone retirement plan trust can be tailored for retirement accounts, addressing RMD rules and beneficiary protection without altering the primary revocable trust used for other assets. We analyze your estate plan to determine whether amending a revocable living trust, creating a separate retirement plan trust, or using direct beneficiary designations is the best route. Factors include the complexity of family dynamics, the need for oversight, and coordination with account custodians. The goal is to achieve desired distributions while minimizing administrative friction and unintended tax consequences.
Conduit and accumulation provisions determine how retirement distributions are handled once received by a trust. A conduit provision requires the trustee to pass through retirement distributions to beneficiaries immediately, which can preserve certain tax benefits and simplify RMD calculations. An accumulation provision allows the trustee to retain retirement distributions in the trust for reinvestment or delayed distribution, offering more control but potentially affecting tax treatment and RMD handling. Selecting between these approaches depends on beneficiary needs and tax planning goals. Conduit structures may be preferable where passing income directly to beneficiaries is desired, while accumulation provisions can protect assets from creditors or provide longer-term support. We discuss the trade-offs in detail to recommend provisions aligned with your objectives and with plan rules.
A retirement plan trust can be structured to help preserve a beneficiary’s eligibility for government benefits when done in conjunction with a properly drafted special needs trust or other protective arrangements. Careful drafting ensures retirement funds are used to supplement rather than replace public benefits that are means-tested. Coordination between trusts is essential so distributions are made in ways that support the beneficiary while protecting benefits. Because the rules governing government benefits are complex, planning requires attention to the timing and purpose of distributions. We work with clients to integrate retirement plan trusts with special needs planning and guardianship nominations where appropriate, ensuring distributions are tailored to enhance quality of life without risking eligibility for critical services.
To ensure a trust is recognized by a plan administrator, the trust must meet the retirement plan’s criteria for beneficiary trusts and provide required documentation, such as a certification of trust or specific language confirming trust provisions. The drafting must allow the trustee to receive distributions and manage them according to plan rules, including handling required minimum distributions. Confirming plan-specific requirements ahead of time prevents processing delays for beneficiaries later. We assist clients in preparing the necessary documentation and coordinating directly with plan custodians when needed. This often includes drafting a certification of trust, confirming trustee powers, and ensuring beneficiary designation forms point to the correct trust entity. Early coordination streamlines the eventual transfer process and reduces administrative friction.
Beneficiary designations and trust terms should be reviewed periodically, especially after major life events such as marriage, divorce, births, deaths, or significant financial changes. Changes in tax law, retirement plan rules, or beneficiary circumstances can also require updates. Regular reviews help ensure documents remain aligned with your goals and that beneficiary designations match trust provisions and other estate planning instruments. A review every few years or after significant changes is a practical rule of thumb for many households. During a review we confirm beneficiary forms on file with retirement plan custodians, assess whether trust amendments are needed, and update related documents such as pour-over wills, powers of attorney, and HIPAA authorizations to maintain consistency across your estate plan.
Yes, beneficiaries and trust terms can typically be changed after a retirement plan trust is created, subject to the trust’s amendment provisions and whether the trust is revocable or irrevocable. Revocable trusts offer flexibility to adjust beneficiary designations and trust terms, while irrevocable trusts are generally more rigid. Any changes should be coordinated with the retirement plan custodian to ensure beneficiary forms reflect the current intent and that the plan will recognize the revised beneficiary structure. When contemplating changes, consider how amendments affect tax treatment, creditor protections, and the interplay with other estate documents. We assist clients in implementing amendments, updating beneficiary forms with plan administrators, and ensuring that changes accomplish the intended outcomes without causing unintended administrative or tax issues for beneficiaries.
A pour-over will directs assets remaining in your probate estate into a trust upon your death, providing a safety net for assets not previously transferred into a revocable living trust. While retirement accounts typically pass by beneficiary designation and do not pour over through a will, naming a pour-over will remains an important component of comprehensive estate planning to capture assets that were not titled into the trust prior to death. Coordination between pour-over wills and retirement plan trusts ensures that non-retirement assets follow the same lifetime planning framework while retirement accounts are handled according to beneficiary designations or trust beneficiary provisions. Together they create a more complete estate plan that reduces the risk of unintended results and provides continuity of asset management for heirs and trustees.
Common mistakes include failing to update beneficiary designations, naming a trust that does not meet plan requirements, neglecting to coordinate RMD timing, and overlooking the different tax treatment of retirement assets compared to other trust assets. These errors can lead to administrative delays, unintended tax burdens for beneficiaries, or distributions that do not align with your wishes. Ensuring consistent documentation and proper trust language prevents many of these problems. Avoiding pitfalls requires thorough review and coordination at the time of drafting and after major life changes. Working with counsel to confirm that trusts meet plan criteria, updating beneficiary forms on file with custodians, and aligning trust provisions with your broader estate plan reduce the risk of mistakes and help guarantee retirement assets are distributed as intended.
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