If you are considering changing the terms of an existing trust in Tamalpais Valley, a trust modification petition may be the appropriate route. At the Law Offices of Robert P. Bergman, we help individuals and families understand when a petition is necessary and how the local court will review requests to modify or terminate a trust. This overview introduces key procedural steps and considerations, including who may petition the court, grounds for modification, and the likely timeline. Our approach focuses on clear communication so you can make informed decisions to protect estate intentions and family relationships under California law.
Trust modification petitions can arise from many scenarios such as changes in family circumstances, tax law updates, or issues with a trustee’s administration. This section explains common reasons clients pursue a modification petition and how the court balances the settlor’s original intent with current realities. We cover practical options like consent-based modifications when all beneficiaries agree, as well as contested petitions that require judicial intervention. Our goal is to outline realistic outcomes and procedural steps so you know what to expect when initiating or responding to a trust modification matter in Marin County courts.
A properly managed trust modification petition can preserve the settlor’s intentions while adjusting to unforeseen changes. Pursuing a petition allows beneficiaries and trustees to update trust terms when circumstances make the original provisions impractical or harmful. Benefits include clarifying ambiguous language, correcting drafting errors, addressing changed financial or family situations, and aligning trust administration with current law. A petition may also prevent future disputes by resolving disagreements now and obtaining a binding court order. Thoughtful handling of a modification petition helps maintain continuity in asset management and reduces the risk of long-term costly litigation for all parties involved.
The Law Offices of Robert P. Bergman serves clients across Marin County and the broader Bay Area, offering focused estate planning and trust administration services. Our firm assists with a full range of trust-related matters, including revocable living trusts, trust amendments, and court petitions for modification or termination. We emphasize careful assessment of each client’s goals and provide straightforward guidance through the petition process. Whether you are a trustee, beneficiary, or settlor, the team works to protect your interests while navigating applicable California statutes and local court practices with practical attention to timelines, documentation, and procedural requirements.
A trust modification petition is a formal request to a probate or superior court to change, reform, or terminate the terms of a trust. Petitions may seek relief where the original document is ambiguous, contains mistakes, or where compliance with the trust as written would be impossible or contrary to the settlor’s probable intent. The court evaluates evidence about the settlor’s intent, the circumstances that gave rise to the petition, and the interests of beneficiaries. Knowing the legal standards and required evidence helps petitioners and respondents assess whether a court filing is the most effective path to resolve a trust issue in Tamalpais Valley and nearby jurisdictions.
Requests to modify a trust can be consensual or contested. When all beneficiaries and the trustee agree, parties may present a unified petition that explains why the change reflects the settlor’s intent or benefits the trust’s administration. In contested matters, the court will weigh competing evidence and may require testimony, affidavits, or other documentation. Timeframes vary depending on complexity and whether hearings or mediation are needed. Understanding these distinctions helps clients choose between negotiation, mediation, or pursuing formal court relief to achieve a practical and legally sustainable resolution.
A trust modification petition is the legal mechanism used to request a court-approved change to a trust’s terms or structure. Common actions include petitions to reform language due to mistake, petitions to modify administrative provisions to reflect changed circumstances, and petitions to terminate a trust when the purposes have been fulfilled or are no longer attainable. The petition must identify the specific relief sought, the reasons for the request, and the parties affected. Judges consider statutory criteria and equitable principles, seeking to honor the settlor’s intent while ensuring fair treatment of beneficiaries and the integrity of trust administration.
Filing a successful trust modification petition typically requires a clear statement of the requested change, factual evidence supporting the reasons for modification, proper notice to affected parties, and adherence to local filing procedures. Supporting materials often include the trust document, related wills or deeds, communications that reflect the settlor’s intent, and financial records. Courts may allow testimony or affidavits from witnesses familiar with the settlor’s intentions. Understanding deadlines, required disclosures, and potential objections from beneficiaries is essential to manage expectations and move the petition process forward efficiently within the Marin County court system.
This glossary highlights common terms you will encounter when dealing with trust modification petitions. Definitions include settlor, trustee, beneficiary, reformation, modification, termination, and conservatorship-related concepts when they intersect with trust administration. Familiarity with these terms can make court filings and communications with counsel more productive. The definitions provided here aim to demystify procedural language and help you understand how specific terms affect rights, obligations, and remedies available to parties seeking to change trust arrangements in California.
The settlor is the person who created the trust and established its terms. Understanding the settlor’s intent is central to many petitions to modify or reform a trust. Evidence of intent can include the trust document itself, contemporaneous correspondence, or testimony from witnesses who discussed the settlor’s wishes. Courts give significant weight to documented intent, and modifications are often allowed when there is clear evidence that a drafting mistake or changed circumstances frustrated the settlor’s original objective. Accurately establishing the settlor’s role and intent helps guide judicial decisions on requested changes.
Reformation is a judicial remedy that corrects a trust document to reflect the settlor’s true intent when the written terms contain a mistake. A reformation petition must show convincing proof that the trust’s language fails to match what the settlor intended due to drafting errors or omissions. Courts will examine surrounding facts and evidence to determine whether reformation is warranted. The remedy is narrowly applied and generally requires a clear showing that the written instrument does not accurately capture the settlor’s intended distribution or administrative scheme.
The trustee is the individual or entity responsible for managing trust assets and carrying out the terms of the trust for the benefit of beneficiaries. Trustees have fiduciary duties to administer the trust prudently and in good faith, including duties of loyalty and impartiality among beneficiaries. Disputes regarding trustee actions, administration, or proposed changes to trust terms often prompt modification petitions. When a petition is filed, trustees may be required to provide accountings, documentation, and testimony to assist the court in evaluating the requested relief and ensuring that any modifications promote proper administration.
A beneficiary is a person or entity entitled to receive benefits from a trust under its terms. Beneficiaries have legal rights to receive information about trust administration and to object to proposed modifications that would adversely affect their interests. When petitions to modify a trust are filed, beneficiaries receive notice and may present objections or support. Courts weigh beneficiary interests carefully, considering whether proposed changes align with the settlor’s intent and whether they are necessary to address changed circumstances, administrative problems, or errors in the original document.
When trust changes are needed, parties can often choose between informal consent-based amendments and formal court petitions. Consent-based approaches work well when the settlor is available to amend the trust or when all beneficiaries agree to sign a modification, avoiding court costs and public filings. Court petitions are necessary when there is disagreement, ambiguity, or legal obstacles preventing a simple amendment. This section compares the advantages and trade-offs of each path, including considerations of confidentiality, enforceability, speed, and the potential for contested litigation in Marin County courts.
A limited amendment or written agreement among all beneficiaries and the trustee can resolve many trust issues quickly if everyone shares the same objective. When beneficiaries consent in writing and the settlor is alive and capable, parties can often amend or restate the trust without court involvement. Such an approach preserves privacy, reduces legal expenses, and can be completed relatively quickly. It requires clear documentation of the agreement, properly executed amendments, and careful attention to ensure changes comply with California trust formalities and do not unintentionally alter other trust provisions.
If the trust contains a straightforward drafting error that is undisputed among parties, correcting the document informally may be appropriate. Examples include typographical mistakes, incorrect recipient names, or administrative instructions that conflict with the settlor’s clearly expressed intent elsewhere in the file. When there is no reasonable dispute about the intended terms, the trustee and beneficiaries can work together to execute a corrective amendment. Careful documentation of the rationale for the change helps minimize the chance of future challenges and supports enforceability of the amended provisions.
A court petition may be required when beneficiaries disagree about trust terms or when the settlor’s intent is ambiguous and cannot be resolved through negotiation. In such cases, judicial intervention provides a neutral forum to evaluate evidence and render a binding decision. Court involvement may be needed to reform language, interpret unclear provisions, remove or replace a trustee, or resolve conflicts that threaten effective administration of the trust. Pursuing a petition helps protect the legal rights of all parties and brings finality to disputes that cannot be negotiated away.
Some trust changes carry legal or tax implications that make court approval advisable or necessary. Actions affecting spendthrift protections, liability to creditors, or significant tax positions may require judicial scrutiny to ensure the modification is lawful and enforceable. Courts can authorize changes that protect beneficiaries or preserve assets when ordinary amendments would be insufficient. Legal counsel helps identify when a petition is the safer route and prepares the factual and legal record needed to obtain court authorization while minimizing adverse fiscal or legal consequences for the trust and beneficiaries.
A comprehensive approach to trust modification petitions ensures that all legal bases are addressed, supporting durable outcomes that withstand future challenges. When issues are complex, involving multiple beneficiaries, contested facts, or significant assets, thorough preparation and proactive legal strategy can prevent repeated litigation. Comprehensive petitions include complete documentation, clear legal theory, and well-organized evidence demonstrating why the requested change aligns with the settlor’s intent or is required by changed circumstances. This approach reduces the likelihood of protracted disputes and helps courts resolve matters efficiently and fairly.
In addition to stronger legal protection, a comprehensive petition can clarify administration procedures, duties of trustees, and distribution timing, thereby streamlining trust management going forward. Full disclosure and careful motion practice help maintain good relationships among parties whenever possible, while protecting vulnerable beneficiaries. The clarity stemming from court approval also benefits trustees by reducing uncertainty about obligations. Ultimately, a well-prepared petition seeks a balanced result that serves the trust’s purposes and provides confidence to beneficiaries and fiduciaries alike.
One of the primary benefits of pursuing a thorough, court-authorized modification is improved finality and enforceability of the results. A court order approving a modification or reformation reduces the risk that parties will later contest the same issues, since the judge has reviewed evidence and issued a binding decision. This reassurance can be particularly valuable when sizable assets or competing beneficiary interests are involved. With judicial approval, trustees can administer the trust with a clearer mandate and beneficiaries obtain confidence that distribution plans will be implemented according to law.
Comprehensive petitions offer heightened protection for beneficiaries who may be vulnerable due to age, incapacity, disability, or other limitations. Courts can consider safeguards, such as appointment of conservators, special trust provisions, or oversight measures, to ensure proper administration. This approach also addresses complex financial or family dynamics that informal agreements may overlook. By seeking court review, parties can secure tailored remedies that balance competing interests and preserve the trust’s intended purpose while providing a structured plan for ongoing management.
Collect all relevant documents such as the trust instrument, related wills, deeds, correspondence, and financial records before attempting any modification. These materials support claims about the settlor’s intent and provide context when presenting a petition to the court. Timely preservation of emails, letters, and statements that reflect the settlor’s wishes can make a significant difference in how a judge views a request for reformation or modification. Organizing these records into a clear chronology helps streamline the petition process and reduces delays caused by missing evidence or the need for additional discovery.
Explore whether an amendment, signed agreement among beneficiaries, or mediation can resolve the issue before initiating formal court proceedings. Alternatives can save time, preserve privacy, and reduce legal costs. Mediation or facilitated settlement discussions can be particularly effective when relationships among family members remain workable and the parties share a common interest in avoiding court involvement. However, when negotiations fail or key issues require judicial determination, a well-prepared petition provides the clarity and enforceability that informal agreements may lack.
People often seek trust modification petitions after major life events such as remarriage, divorce, the birth of new family members, or significant changes in financial circumstances. Petitions also arise when drafting mistakes create ambiguous directions or when trust administration difficulties surface, such as an unavailable beneficiary or unclear trustee duties. Petitioning the court can resolve these issues in a legally binding way. This service is appropriate when informal amendments are not feasible or when parties require judicial guidance to ensure trust provisions reflect the true intent and practical needs of the trust and beneficiaries.
Another common reason to pursue a petition is to address the consequences of evolving tax laws or to implement court-approved strategies that protect assets and beneficiary interests. Parties may seek to modify provisions affecting distributions, successor trustee appointments, or administrative powers to better align with current realities. In cases where beneficiaries’ rights are uncertain or trustees face conflicting duties, a court-approved modification provides clarity and enforceability. The petition process can also formalize protective measures such as provisions for minors, disabled beneficiaries, or other special circumstances.
Common circumstances prompting trust modification petitions include ambiguous or conflicting provisions in the trust document, changed family relationships like divorce or remarriage, discovery of previously unknown assets, trustee incapacity or misconduct, and significant shifts in financial or tax considerations. Additionally, mistakes in beneficiary designations or administrative instructions that impede trust administration often require judicial correction. Understanding these triggers helps parties identify whether a petition is a necessary step for resolving disputes or updating trust arrangements to reflect current needs and legal requirements.
When a trust contains unclear or inconsistent provisions, courts may be asked to interpret or reform the document to align with the settlor’s likely intention. Drafting mistakes can create conflicting instructions, unclear distribution schemes, or administrative provisions that cannot be implemented. A petition to reform or clarify the language gives the court the authority to correct these problems so trustees can act in accordance with a clarified plan. The process helps prevent misadministration and reduces the risk of protracted disputes among beneficiaries.
Significant life changes such as births, deaths, divorces, or remarriages often render trust terms outdated. Beneficiaries’ needs may evolve, requiring modifications to distribution timing, trust durations, or protective provisions. A petition can update the trust to provide for new family members, adjust for changed financial circumstances, or address the needs of beneficiaries who require ongoing support. Court intervention ensures that modifications are legally enforceable and balanced against the interests of all parties who have legal standing in the matter.
Situations involving trustee incapacity, suspected misconduct, or administrative obstacles often lead to petitions seeking removal, replacement, or changes to trustee authority. When trustees cannot fulfill duties competently, beneficiaries may request court action to appoint a successor trustee or modify administrative provisions to ensure proper asset management. Petitions may also target structural changes to simplify administration or address fiduciary disagreements. Judicial oversight in these cases protects beneficiaries’ interests and restores effective management of trust assets.
The Law Offices of Robert P. Bergman offers representation and guidance to individuals filing or responding to trust modification petitions in Tamalpais Valley and nearby Marin County communities. We assist with preparing pleadings, gathering evidence, serving notice, and appearing in court when necessary. Our goal is to resolve trust issues efficiently while protecting client rights and minimizing unnecessary conflict. Call 408-528-2827 to schedule an initial consultation and discuss whether a petition to modify, reform, or terminate a trust is the best way to achieve your estate planning objectives in California.
Clients engage our firm because we combine practical litigation experience with detailed knowledge of estate planning and trust administration practices in California. We focus on building a factual record and legal argument tailored to the specific issues in each case, whether that involves reformation for a drafting error, modification due to changed circumstances, or contested litigation among beneficiaries. Our approach emphasizes clear communication, careful preparation, and strategic planning to help clients reach a durable resolution aligned with the settlor’s intent and the beneficiaries’ needs.
We prioritize prompt and thorough client service, explaining procedural steps and likely timelines for trust petitions filed in Marin County courts. From case intake through resolution, we coordinate document collection, witness statements, and court filings to keep matters moving efficiently. We also assist with settlement negotiations and mediation where appropriate, seeking amicable resolutions when possible while remaining prepared to pursue contested petitions when necessary to protect client interests and legal rights.
Our firm is accessible to local clients and provides personalized attention to each matter. We explain options clearly and outline the pros and cons of informal amendments versus formal petitions, including potential costs and expected outcomes. By helping clients choose the most appropriate path, we aim to reduce uncertainty and protect estates, beneficiaries, and trustees throughout the modification process in Tamalpais Valley and across Marin County.
Our process begins with a careful review of the trust document and related records to assess whether a petition is warranted. We then outline available solutions, gather supporting evidence, and prepare a petition that articulates the legal and factual basis for the requested change. After filing, we ensure proper notice to beneficiaries and manage any necessary discovery, negotiations, or hearings. Throughout the process, we keep clients informed about timelines, possible outcomes, and options to resolve disputes through settlement or court adjudication as appropriate under California law.
In the initial phase, we thoroughly examine the trust instrument, related estate planning documents, and any communications that shed light on the settlor’s intent. This review identifies ambiguities, potential drafting errors, relevant dates, and affected parties. It also helps determine whether an informal amendment, beneficiary agreement, mediation, or court petition is the most efficient resolution path. A careful assessment at the outset informs strategy and helps estimate timeframes and likely costs for the next steps in the process.
Collecting relevant records and statements early helps build a persuasive case for modification or reformation. Documents can include prior versions of estate planning instruments, financial statements, emails, letters, and other communications. Witness statements from family members, advisors, or others familiar with the settlor’s intent can also support a petition. Well-organized evidence reduces discovery burdens and presents a clearer narrative to the court, increasing the chances of a favorable resolution without unnecessary delay.
We analyze beneficiary interests and anticipate likely objections to a proposed modification. Understanding each party’s position allows us to craft a petition that addresses concerns and highlights shared interests where possible. Early outreach and negotiation may resolve disputes without court intervention, while a prepared litigation strategy is ready if necessary. By assessing potential opposition, we can advise on the strength of the case, likely outcomes, and possible compromise options that preserve relationships and achieve practical solutions.
After preparing the petition and supporting exhibits, we file with the appropriate Marin County court and ensure all required parties receive notice. Proper service is essential for the court to proceed and for the rights of beneficiaries to be preserved. The filing includes a clear statement of the relief sought, factual support, and legal arguments. Once the petition is on file, the court may set a hearing schedule and provide opportunities for responses, mediation, or preliminary conferences, depending on the nature and complexity of the matter.
We prepare declarations that summarize factual evidence and attach documentary exhibits to support the petition. Declarations may include statements from the trustee, beneficiaries, professionals, or others with direct knowledge of the settlor’s intentions and the circumstances prompting the request. These documents form the core of the petition and are drafted to address legal standards for modification, reformation, or termination. Clear, organized exhibits help the court understand the factual context and the necessity for the requested relief.
Ensuring compliance with procedural rules is a critical part of filing a petition. We handle service of process, prepare proof of service documents, and follow local court requirements for filing and notice. Failing to meet these requirements can delay proceedings or compromise a party’s position. Our firm monitors deadlines and maintains records of all actions to provide a complete procedural history for the court, giving your petition the procedural foundation it needs to be considered on the merits.
Once the petition is filed and responses are received, the matter may proceed through settlement discussions, mediation, or court hearings. We represent clients at conferences and hearings, presenting evidence and legal argument to support the requested modification. Where possible, parties may reach negotiated agreements that the court can approve. If a hearing is necessary, the firm presents a concise factual record and legal analysis for judicial consideration, seeking an outcome that aligns with the settlor’s intent and protects beneficiaries’ legal rights under California law.
Mediation and facilitated settlement are often effective tools to resolve disputes without a contested hearing. These processes provide a confidential environment to explore options and craft solutions that serve the trust’s purposes while addressing beneficiaries’ concerns. A mediated agreement can be presented to the court for approval, offering a quicker, more private path to resolution. Skilled negotiation can preserve family relationships and reduce legal fees while producing a practical outcome enforceable by court order when necessary.
If parties cannot agree, the court will hold a hearing to evaluate evidence and legal arguments. The judge may allow testimony, consider declarations, and review documentary evidence before issuing a decision. Judicial rulings can include orders to reform language, approve modifications, terminate a trust, or appoint a successor trustee. The court’s decision is binding and provides enforceable guidance for administration going forward. Post-hearing orders may include instructions for implementing the changes and resolving any remaining administrative matters.
A trust modification petition is a formal court filing that requests a judge to change, reform, or terminate a trust based on legal or factual grounds. Petitions are used when informal amendments are not possible or when there is disagreement among beneficiaries, ambiguity in the trust language, or circumstances that make the trust’s original terms impractical. The petition explains the relief sought and provides evidence supporting the need for modification, allowing the court to issue an enforceable order resolving the matter. This process is appropriate when parties cannot reach a unanimous written agreement or when judicial oversight is necessary to protect beneficiaries’ rights or address legal constraints. Filing a petition ensures procedural fairness, proper notice, and a binding resolution that clarifies trustee authority and distribution plans under California law. Parties should be prepared to present documentary evidence and witness statements to support their position in court.
Yes, if the settlor is alive and capable, or if all beneficiaries and the trustee agree, the trust can often be amended or restated outside of court. A unanimous written agreement among all parties can accomplish many changes, preserving privacy and avoiding court costs and public filings. Proper execution of amendments according to the trust’s formal requirements is essential to ensure enforceability and to prevent future disputes. However, when beneficiaries disagree, the settlor is incapacitated, or legal issues such as creditor rights or tax consequences are implicated, a court petition may be the safer route. In contested situations, obtaining judicial approval provides finality and minimizes the risk of later challenges, especially when the change affects key administrative powers or distribution rights.
To reform a trust for a drafting mistake, the court typically requires convincing evidence that the written language does not reflect the settlor’s actual intent. This may include prior drafts, contemporaneous communications, testimony from witnesses who discussed the settlor’s wishes, and documentation that shows a clear mistake in execution. The more objective and corroborating evidence that can be presented, the stronger the case for reformation. The petition should outline the specific error and provide a coherent narrative showing how the mistake occurred and what the settlor intended instead. Courts are cautious in granting reformation and will look for persuasive proof that reforming the document restores the settlor’s intended plan rather than altering the trust for other reasons.
The timeframe for a trust modification petition varies depending on case complexity, court schedules, and whether the matter is contested. Simple consensual petitions may resolve in a few months, while contested matters that require discovery, hearings, or appellate review can take significantly longer. Local court calendars and the need for evidentiary hearings influence the timeline, so realistic expectations are important when planning a course of action. Early assessment and organized preparation can shorten delays by identifying necessary evidence, streamlining service and filings, and exploring settlement options. Parties that pursue mediation or negotiation often achieve quicker resolutions, while litigated matters proceed at the pace of the court docket and the procedural steps required for full adjudication.
Court filings and orders are generally part of the public record in California, so a petition to modify a trust and the resulting judgment or order may be accessible to interested parties and the public. Some documents can be filed under seal in limited circumstances, but sealing requests require court approval and meet a high standard. Parties seeking privacy should consider alternatives like negotiated agreements or careful drafting of petitions to minimize disclosure of sensitive information. When confidentiality is a priority, parties may explore settlement options and present a stipulation for court approval that limits disclosure of particular details. Discussing privacy concerns early in the process helps identify whether alternatives to public filings are feasible and how best to protect personal or financial information while achieving the desired trust modifications.
Yes, a petition can seek the removal or replacement of a trustee when there are valid grounds such as incapacity, malfeasance, breach of fiduciary duty, or inability to perform administrative tasks. The petition should present evidence of the trustee’s failures or the circumstances that justify a change. The court will consider the best interests of the beneficiaries and the trust’s purposes when evaluating requests to remove or appoint a successor trustee. In some cases, parties may agree to the trustee’s resignation and the appointment of a successor without court intervention. Where disagreements arise, court action ensures a neutral resolution and may include temporary measures to secure trust assets during the transition to a new fiduciary. Proper documentation supports a smoother transfer of responsibilities.
Notice requirements vary by jurisdiction but typically involve serving all beneficiaries and interested parties with a copy of the petition and any supporting documents. Proof of service is filed with the court to demonstrate that parties had the opportunity to respond or object. Ensuring accurate and timely notice is critical, as failure to do so can delay proceedings or invalidate certain relief sought in the petition. Notice provides beneficiaries with the opportunity to participate, object, or propose alternative resolutions. Early and transparent communication can sometimes reduce conflict and lead to negotiated outcomes, but when notice reveals disputes, the court process provides a formal avenue for resolution and protects the rights of all interested parties.
Alternatives to filing a formal petition include executing a trust amendment or restatement when the settlor is available and capable, obtaining unanimous written consent from all beneficiaries, or engaging in mediation to resolve disputes. These options can preserve privacy, reduce cost, and often resolve issues more quickly than litigation. Properly documenting agreements and amendments helps prevent future disagreements and preserves enforceability without court involvement. When parties cannot reach consensus or when legal or tax consequences require oversight, a court petition remains an important option. Choosing the best route depends on the nature of the dispute, the settlor’s capacity, and the interests of beneficiaries. Exploring informal options first often leads to more efficient solutions while reserving the petition process for matters that truly require judicial action.
Modifying a trust can affect related estate planning documents, particularly if those documents are coordinated through a pour-over will or interconnected beneficiary designations. Changes to trust terms should be reviewed alongside wills, powers of attorney, and healthcare directives to ensure consistency across the estate plan. Overlooking related documents can create unintended gaps or conflicts in the overall plan that may lead to disputes or administrative complications. When pursuing a modification, it is wise to audit all estate planning instruments and update them as needed to reflect current intentions. This comprehensive review ensures that beneficiary designations, successor trustee provisions, and ancillary documents remain aligned and reduce the potential for future legal challenges or confusion among beneficiaries and fiduciaries.
Costs for filing a trust modification petition vary based on complexity, the need for discovery or expert testimony, and whether the matter is contested. Court filing fees, service fees, and administrative costs are predictable components, but attorney fees and expenses depend on the time required to prepare the petition, respond to objections, and present evidence at hearings. Simple consensual matters generally cost less than contested proceedings that require multiple hearings and extensive documentation. Early case assessment helps provide a realistic estimate of likely costs, and exploring settlement or mediation may reduce overall expenses. Parties should weigh the benefits of achieving a durable, court-approved modification against the projected costs of litigation and consider alternatives where appropriate to reach a timely and cost-effective resolution.
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