A pet trust lets you provide legally enforceable care and financial support for your companion animals after you are gone. In Brea and throughout Orange County, pet owners can use a trust to name a caregiver, allocate funds for ongoing care, and set instructions about daily routines, medical treatment, and long-term housing. Creating a pet trust is about planning thoughtfully so your pets continue to receive the attention they need. This overview explains what a pet trust does, how it fits into a broader estate plan, and why many local pet owners find this arrangement provides peace of mind for their pets’ future.
When you craft a pet trust, you make clear arrangements for caretaking responsibilities, funding, and the person or entity that will oversee those resources. A trustee holds and manages the funds and follows your written directions for how to spend them on food, veterinary care, grooming and other needs. The trust can include contingencies such as successor caregivers and instructions for end-of-life decisions. For Brea residents, a well-drafted pet trust helps avoid disputes and ensures that your companion receives continued care according to your wishes while meeting state legal requirements for enforceability.
Setting up a pet trust protects your animal companion by providing clear directions and a dedicated funding source for ongoing care. Without a trust, pets may face uncertain outcomes, repeated changes in caretakers, or delays in receiving necessary treatment. A trust formalizes your intentions and can reduce the risk of disputes among family members or caregivers. It also preserves continuity of care by naming successor caregivers and establishing detailed instructions for day-to-day needs, medical treatment, and emergency procedures. For many pet owners, these advantages translate into emotional assurance and practical support for their animals’ welfare.
The Law Offices of Robert P. Bergman assist clients across California, including in Orange County, with thoughtful estate planning that addresses unique concerns like pet care. We help clients design pet trusts that reflect their values and provide practical resources for the animals they love. Our approach focuses on listening to client priorities, explaining options, and drafting clear legal documents to carry out those wishes. We also coordinate with caregivers and financial stewards to ensure the arrangements are workable and durable, helping clients feel confident that their pets will be cared for as intended.
A pet trust is a legal instrument that combines detailed caregiving instructions with a funding mechanism to support a pet’s needs. It usually names a caregiver who will physically care for the animal and a trustee who manages the funds designated for that care. The trust document can specify the amount to be used for food, veterinary visits, grooming, boarding, medications, and other costs. It can also include behavior and routine preferences, emergency instructions, and provisions for successor caregivers. In California, a pet trust must be drafted to meet statutory requirements so the trustee has clear authority to spend funds for the pet’s benefit.
Beyond the basic structure, pet trusts can be tailored for different circumstances: short-term trusts while the owner is away, long-term trusts for lifetime care, or contingent trusts that activate only under designated events. Funding methods vary and may include outright transfers, transfers to a trustee, or a pour-over will that moves assets into a trust at death. Careful drafting addresses potential gaps, such as what happens if the named caregiver cannot continue or if the funds are depleted. Planning in advance helps ensure the trust functions smoothly when it needs to be used.
A pet trust is a specific type of trust designed to benefit an animal rather than a human beneficiary. It names a trustee to manage the money and a caregiver to provide direct care. The trust includes instructions on allowable expenditures, the frequency of veterinary care, and the caretaking standard to be followed. Depending on the language chosen, it may permit the trustee to reimburse the caregiver for expenses, hire professional care providers, or place the pet in a qualified facility. The trust should also include language about what happens to leftover funds when the pet dies, such as distribution to charities or family members.
Crafting a pet trust includes selecting a caregiver, naming a trustee, deciding on funding, and writing clear instructions for care and contingencies. The process begins with an interview to collect information about the pet’s routine, health needs, and the owner’s wishes. Next comes drafting a trust document that meets state requirements and provides authority to the trustee to spend funds for the pet. Funding may occur through trust funding now or via a pour-over will. Finally, the trust should be reviewed periodically to confirm the caregiver remains willing and that funding remains adequate as circumstances change.
Understanding common terms helps you make informed decisions when setting up a pet trust. This glossary explains roles like trustee and caregiver, mechanisms such as funding and pour-over wills, and documents like the certification of trust. It also clarifies options for successor arrangements and what happens to remaining funds. Knowing these terms reduces confusion during planning and ensures that your documents reflect your actual intentions for your pet’s care and financial support. Clear terminology supports better communication with caregivers and the person who will manage the trust funds.
A trustee is the person or entity responsible for holding and managing the funds designated for the pet’s care. The trustee has a fiduciary duty to follow the trust terms and to spend money in a manner consistent with the owner’s instructions for the animal. Duties typically include disbursing funds to pay for food, veterinary bills, grooming, boarding, medications, and any services necessary to maintain the pet’s welfare. The trustee may be an individual, a trusted friend, a family member, or a professional fiduciary. Clear authority in the trust document helps the trustee administer funds without dispute or delay.
The caregiver is the person who provides day-to-day care for the animal, including feeding, walking, grooming, and transporting the pet to medical appointments. The caregiver may be the same person as the trustee, or a different person who receives reimbursement from the trustee for expenses. The trust can spell out the caregiver’s responsibilities, expectations for medical care, and any compensation arrangements. Naming a reliable caregiver and providing detailed instructions increases the likelihood that the pet’s routine and medical needs are maintained according to the owner’s wishes.
Funding refers to how the trust will receive the money needed to support the pet. Options include transferring assets into the trust during the owner’s life, using a pour-over will to move assets upon death, or designating life insurance benefits to provide funds. The amount should be calculated to cover anticipated expenses such as food, routine and emergency veterinary care, boarding, and any special services. The trust can include instructions for how conservative or generous the trustee should be in spending, and whether leftover funds should be distributed elsewhere after the pet’s death.
A pour-over will works with a trust by moving assets into the trust upon the owner’s death. This device ensures that any property not already transferred to the trust during life is directed into the trust to fund the pet’s care. The pour-over will should be coordinated with the trust document and other estate planning tools to avoid gaps. Probate may still be required to administer the pour-over, so timely funding during life is often recommended when feasible. Using a pour-over will provides one more mechanism to support the trust’s purposes for your pet.
When planning for pet care, owners can choose among several legal options: an enforceable pet trust, a testamentary gift with caregiver agreement, or relying on informal arrangements. A pet trust offers formal legal authority for a trustee to manage funds and enforce care instructions, while informal methods depend on goodwill and may not provide lasting protection. A testamentary gift names a caregiver to receive funds at death but may lack specific enforcement mechanisms. Considering the advantages and limitations of each option helps owners select an approach that balances control, funding, and practicality for their particular circumstances.
A limited arrangement can be appropriate if the pet’s needs are minimal or the owner anticipates only a short period of external care. For example, when family members are willing and able to assume care without requiring long-term funding, a simple written note or caregiver agreement might suffice. This approach works best when relationships are strong, health needs are low, and the owner is comfortable relying on informal cooperation. However, owners should recognize that informal arrangements carry a risk that situations will change, so periodic review and backup planning remain important even in simpler cases.
If a trusted family member or friend is ready to take permanent responsibility for a pet and financial matters are straightforward, a limited plan with a simple financial gift and caregiver designation may meet the owner’s goals. This is often appropriate when the caregiver is willing to accept ownership and funding needs are predictable. Even in these circumstances, documenting the arrangement in writing and updating related estate documents provides greater clarity. Owners should consider naming successor caregivers in case circumstances change, which increases the durability of a limited plan.
When a pet has ongoing medical conditions, special dietary needs, or behavioral care requirements, a comprehensive pet trust helps ensure those demands are met over the animal’s lifetime. The trust can provide specific instructions for veterinary care, medication schedules, specialized diets, and therapeutic services, along with a funding plan to cover those expenses. Such detail reduces uncertainty for caregivers and provides the trustee with clear authority to allocate resources to maintain consistent, high-quality care tailored to the pet’s unique needs.
A comprehensive approach is appropriate when owners want professional-style financial oversight to ensure funds are managed responsibly and used as intended. Naming a trustee with clear instructions creates a separation between daily caregiving and financial management, which helps prevent misuse or rapid depletion of resources. The trust can include reporting requirements, procedures for approving large expenditures, and rules for appointment of successors. This structure promotes stability and continuity in the pet’s care over many years, especially when families or circumstances may change.
A comprehensive plan aligns caregiver responsibilities with a sustainable funding structure, leading to better outcomes for the animal and fewer disputes among family members. With clear legal authority for a trustee and explicit instructions for a caregiver, the pet trust reduces ambiguity about medical decisions, routine care expectations, and how funds should be spent. It also helps avoid delays that can occur when family members disagree or when courts must intervene. Overall, a comprehensive approach provides a coordinated solution that addresses both emotional concerns and practical details.
Comprehensive planning makes it easier to adapt to changing circumstances by naming successor caregivers and trustees and setting guidelines for adjusting funding over time. The trust can require periodic reviews, allow for reallocation of funds if the pet’s needs change, and provide clear closure for remaining assets after the pet’s death. By building flexibility into the document while retaining strong directives about care, owners can create a durable plan that preserves their intentions and supports the pet’s welfare throughout life and at the end of life.
One key advantage of a comprehensive trust is the stability it brings to both caregiving arrangements and funding. By separating the roles of trustee and caregiver or by clearly defining combined roles, the trust ensures that daily needs are met while funds are managed prudently. Trust provisions can stipulate how funds are to be disbursed, require invoices or receipts, and set priorities for veterinary versus lifestyle spending. This structure prevents rapid depletion of resources and allows the caregiver to focus on the pet’s well-being rather than on financial administration.
A properly drafted pet trust creates enforceable duties that protect the owner’s wishes and give the caregiver and trustee a legal framework to follow. By writing detailed instructions regarding medical treatment, nutrition, exercise, and end-of-life decisions, the trust reduces ambiguity and the potential for conflict. Enforceability also helps ensure funds are used solely for the pet’s benefit and that accountability measures are in place. This clarity is especially valuable in blended families or when the owner anticipates complex or long-term needs for the animal.
Start with a candid discussion with the person you hope will care for your pet to confirm willingness and ability to assume responsibilities. Consider naming separate individuals for caregiver and trustee to balance daily care with financial oversight. Ensure the trustee understands how to access funds and what documentation they should keep. Selecting alternates for both roles is essential in case the first choices are unable to serve. This preparation reduces stress during transitions and makes it more likely that your pet will receive consistent and dependable care according to your wishes.
Estimate annual costs for food, routine veterinary care, preventive medications, grooming, and an emergency fund for unplanned medical treatment. Discuss whether funds will be transferred during your life or poured over through a will, and consider using life insurance proceeds if appropriate. Build in contingency funding for inflation or unexpected long-term care needs. Provide guidance within the trust for how conservatively the trustee should manage investments or outlays, and specify whether unused funds should go to a charity, family member, or other designated recipient after the pet’s death.
Pet trusts give owners a legally recognized tool to protect their animals’ futures and provide financial peace of mind. They are especially valuable when you want assurance that a particular person will care for your pet, that funds will be available for medical and everyday needs, and that detailed instructions will be followed. A trust can also reduce the risk of family disputes over care and spending. For individuals who view their pets as family members, a pet trust offers a structured solution to ensure continuity of care and to preserve the animal’s quality of life.
Many people choose a pet trust to avoid uncertainty and to create accountability for future pet care decisions. The arrangement helps prevent pets from entering shelters or being passed through multiple homes due to unclear instructions or lack of funding. A trust can handle practicalities, including pet identification, veterinary relationships, and oversight of spending, so caregivers can focus on the animal rather than finances. In addition, specifying successor arrangements helps the plan remain effective even if the initially chosen caregiver is no longer able to fulfill the role.
Pet trusts are particularly useful when owners face changes that could disrupt care, such as aging, serious illness, or relocation. They are also helpful when pets have high medical needs or when owners wish to leave funds specifically for animal care rather than general inheritance. Pet trusts can address scenarios involving blended families, second marriages, or when family members disagree about pet care. Wherever ongoing, enforceable instructions and funding are desired to protect an animal’s well-being, a pet trust offers a tailored legal solution.
As owners age, planning for pet care becomes increasingly important. A pet trust ensures that a caregiver is appointed and funds are available to cover routine and emergency needs if the owner can no longer provide care. This planning prevents last-minute arrangements and relieves family members of uncertainty. It also allows the owner to set clear preferences about care and to designate successors who will ensure continuity. For older adults, establishing a trust can be an essential component of a broader estate plan that addresses multiple elements of long-term care and asset management.
When a pet requires ongoing medical attention, including chronic conditions or specialized treatments, a pet trust provides the financial structure to support those needs over time. The trust can specify how much to reserve for routine visits, medications, and emergency interventions, and can authorize the trustee to allocate funds prudently. This avoids the stress caregivers face when large or unexpected bills arise and reduces the chance that cost considerations will interfere with appropriate medical care. Detailed planning promotes sustained health and comfort for the animal.
In blended families or when multiple relatives want a say in what happens to a pet, a pet trust helps prevent disagreements by setting out clear instructions and naming authoritative decision-makers. The trust can limit conflicts by assigning roles and establishing procedures for resolving disputes, appointing a neutral trustee, and setting objective criteria for spending. This structure gives caregivers and trustees a legal framework to follow, helping to protect the pet’s welfare amid family transitions and providing clarity on how to proceed when differing opinions arise.
The Law Offices of Robert P. Bergman assist Brea residents with pet trust planning and related estate documents. We work with clients to gather information about their pets, identify suitable caregivers and trustees, and craft documents that align with local needs and California law. Our services include drafting pet trusts, coordinating pour-over wills, and integrating pet provisions into a complete estate plan. We aim to simplify the process and provide practical solutions so pet owners can feel confident their animals will receive the care intended when they can no longer provide it themselves.
Clients choose our office because we focus on clear communication and practical planning tailored to each pet owner’s circumstances. We help translate your wishes into precise legal language, suggest funding options, and recommend reliable caregivers or trustees when appropriate. Our goal is to ensure the finished documents work in real-life caregiving situations and are legally effective under California law. We take the time to explain the implications of various choices so you can make informed decisions that preserve your pet’s well-being and reflect your priorities.
We also assist with coordinating related estate planning documents such as wills, pour-over wills, powers of attorney, and health care directives so your pet trust fits into a broader plan. This integrated approach reduces the risk of conflicting instructions and makes estate administration smoother for those left to carry out your wishes. Our process includes reviewing beneficiary designations and discussing funding strategies to ensure the trust receives the assets needed to carry out intended care instructions.
From initial consultation to finalizing documents and communicating with named caregivers and trustees, we provide a consistent planning process designed for clarity and durability. We encourage clients to update their pet trust documents as circumstances change and can assist with trust modifications, successor appointments, and related filings. Our aim is to make the legal steps straightforward so owners can focus on what matters most: the comfort and ongoing care of their companion animals.
Our legal process begins with a detailed intake to understand your pet’s needs, your caregiving preferences, and your funding goals. We then draft a pet trust that names a trustee and caregiver, sets funding instructions, and includes contingency provisions for successors and unused funds. After reviewing the draft together and making any adjustments, we finalize signatures and coordinate any asset transfers or pour-over arrangements. We will also provide the caregiver and trustee with copies of the relevant documents and guidance to ensure the plan is workable in practice.
During the initial meeting we gather details about the pet’s daily routine, health history, veterinarian contacts, and any special care needs, as well as information about potential caregivers and trustees. We discuss funding options and the budget you envision for ongoing care. This session also includes education about the legal mechanics of pet trusts in California and how they interact with other estate planning tools. The goal is to obtain a complete picture so the resulting trust accurately reflects your intentions and practical needs.
We recommend creating a care memorandum detailing feeding schedules, medications, behavior notes, and emergency contacts. This living document supplements the trust and helps caregivers follow daily routines. It should include the pet’s veterinarian, vaccination history, microchip information, and any treatment preferences. The memorandum can be revised without amending the trust and serves as a practical guide for those who will provide hands-on care. Having thorough documentation supports consistent treatment and reduces stress during transitions.
We help you evaluate candidates for caregiver and trustee roles by discussing availability, proximity, and willingness to accept responsibilities. We recommend naming alternates and clarifying expectations for compensation or reimbursement. For trustees, we discuss management approaches and how to handle financial oversight. Our goal is to create a robust plan with contingencies so your pet’s care continues uninterrupted if circumstances change. Clear role definitions reduce confusion and help maintain consistent care standards over time.
After collecting necessary information, we prepare a draft pet trust that captures your directions for care, funding, and succession. The draft includes provisions for trustee authority, allowable expenditures, caregiver duties, and what happens to unused funds. We review the document with you to ensure the language matches your intent and is practical for caregivers to follow. Revisions are made as needed, and we provide guidance on how the trust integrates with other estate planning documents to avoid conflicts.
We work through options for funding the trust, whether that means a current transfer of assets, a pour-over will, or other mechanisms. We estimate probable costs and suggest an appropriate funding level based on expected veterinary needs and longevity. The trust will include directions on how the trustee should manage and disburse funds to support the caregiver and the pet. Customizing funding provisions helps ensure resources are available while preserving the owner’s overall estate objectives.
We add contingency clauses for successor caregivers and trustees, conditions for termination of the trust, and instructions for distribution of remaining funds. These clauses address what happens if the pet outlives the expected timeframe or if the caregiver cannot fulfill duties. Clear termination language and distribution paths for leftover assets prevent ambiguity and facilitate final administration. Thoughtful contingency planning makes the trust resilient to real-world changes while honoring the owner’s intentions for their pet.
Once the trust is finalized, we assist with execution formalities and with transferring or directing funding as necessary. We provide copies of the trust and accompanying memorandum to the caregiver and trustee and explain practical steps for administering the trust. We recommend periodic reviews and updates to reflect changes in the pet’s health, caregiver availability, or financial circumstances. Our office remains available to help modify the trust, prepare successor documents, or address any issues that arise in administering care and funds.
We guide clients through signing requirements and any necessary notarization so the trust is legally effective. If funding is transferred during life, we assist with retitling assets or establishing accounts under the trustee’s control. When a pour-over will is used, we review probate implications and help coordinate with personal representatives. Clear execution and proper funding are essential to ensure the pet trust functions when needed and that the trustee can access resources promptly for the pet’s care.
We encourage regular reviews of the pet trust to confirm caregivers remain willing, funding remains adequate, and instructions reflect current preferences. As animals age or develop new needs, amendments may be necessary. We assist with modifications, successor appointments, and adjustments to funding sources. Ongoing attention helps avoid surprises and ensures the plan adapts to life changes. Periodic check-ins maintain the relationship between the owner, caregiver, and trustee so transitions are smoother if the trust must be activated.
A pet trust is a legal arrangement that provides for the care of an animal by naming a trustee to manage funds and a caregiver to provide daily care, with written instructions on the pet’s needs and the use of funds. California law recognizes pet trusts and provides mechanisms for creating enforceable provisions that allow trustees to spend funds for the benefit of the animal. A properly drafted trust gives the trustee the authority needed to make payments for food, veterinary care, grooming, boarding, and other necessary expenses in line with the owner’s instructions. Pet trusts are most effective when integrated into an overall estate plan that identifies funding sources and contingencies. The trust should be written to describe caregiver duties, reporting requirements for the trustee, and what happens to remaining funds when the pet dies. With careful drafting, a pet trust provides clarity and an enforceable framework that supports continuity of care and reduces the risk of disputes or mismanagement.
Selecting a caregiver involves identifying someone who understands the pet’s needs, has the time and inclination to provide ongoing care, and lives in a suitable environment for the animal. Discuss expectations openly and name alternates in case the primary caregiver cannot serve. For the trustee role, look for someone who can manage funds responsibly and follow the trust’s instructions; this may be a trusted friend, family member, or a professional fiduciary if preferred. Discuss compensation or reimbursement upfront so responsibilities are clear. Make sure both caregiver and trustee receive copies of the trust and any supplemental care memorandum. It is helpful to confirm their willingness in writing and to provide contact information for veterinarians and emergency resources. Naming successors for both roles helps maintain continuity and avoids gaps if circumstances change, ensuring your pet remains cared for according to your wishes.
Estimating funding for a pet trust requires reviewing routine costs like food, routine veterinary care, preventive medications, and grooming, together with an emergency or contingency fund for unexpected medical needs. Consider the pet’s age, breed-related health issues, and expected lifespan to build a reasonable projection of long-term expenses. Consult with your veterinarian for typical annual costs and potential future treatments that might be necessary, then include an allowance for inflation and aging-related care changes. Funding can come from different sources, including transferring assets during life, a pour-over will, or life insurance proceeds. It is prudent to strike a balance between providing sufficient resources for care and preserving your broader estate goals. The trust can include guidance on how conservatively the trustee should spend or invest funds to stretch resources while meeting the pet’s needs.
Yes, a pet trust can specify what should happen to any remaining funds after the pet dies. Common choices include leaving leftover money to a charitable animal welfare organization, distributing funds to family members, or designating another beneficiary. The trust should include clear instructions on distribution priorities and whether the trustee should consider outstanding medical or funeral expenses for the pet before making any distributions. Clear disposition language helps avoid disputes and ensures the remaining funds align with your final wishes. When naming a charitable beneficiary, confirm that the organization can accept such a gift and that its purpose aligns with your intentions. If you prefer family members to receive the remainder, consider whether they should receive funds outright or through conditions. Careful drafting of end-of-trust provisions prevents ambiguity and makes administration smoother for the trustee.
A well-drafted pet trust names successor caregivers and trustees to handle situations when the originally named individuals cannot fulfill their roles. These successor designations should be practical and reflect people or organizations capable of providing appropriate care. The trust can also authorize the trustee to locate a suitable new caregiver and to transfer funds to support that arrangement. Anticipating changes and naming alternates reduces the risk that your pet will face uncertain outcomes if the primary caregiver becomes unavailable. In addition, including contingency instructions for emergency placement and temporary care options ensures the pet’s needs are met immediately while longer-term arrangements are implemented. Regularly review the named individuals to ensure they remain willing and able to serve; updating the trust when circumstances change helps preserve continuity of care for your pet.
A pour-over will is not always necessary, but it is a useful tool if you plan to fund the pet trust at death rather than during life. A pour-over will directs assets not previously transferred into the trust to be moved into the trust at probate, providing a backup funding mechanism. Keep in mind that probate may still be required to administer the pour-over, which can take time, so some owners prefer to fund the trust during life to allow immediate access to resources when needed. Discussing funding strategies during planning helps determine whether a pour-over will is appropriate based on the size and liquidity of your estate and the urgency of access to funds for the pet. Where immediate funding is important, transferring assets during life or designating life insurance proceeds may provide quicker access for the trustee to pay for the pet’s care.
A pet trust can explicitly cover boarding or temporary care needs, including periods when the caregiver is traveling or temporarily unable to provide day-to-day care. The trust can specify allowable providers, reimbursement rules, and maximum reasonable costs for boarding facilities, pet sitters, or temporary foster care. Including such provisions ensures the trustee can authorize payments for short-term arrangements and maintain the pet’s routine even during temporary caregiver absences. For temporary care, the trust can require documentation such as receipts or service provider contracts to support reimbursements and maintain accountability. Clear guidance on acceptable boarding conditions and emergency protocols helps preserve the pet’s comfort and reduces disputes about appropriate expenditures during temporary care periods.
A pet trust itself does not always avoid probate, as probate depends on how assets are funded and titled. If assets are transferred into a trust during the owner’s life, those assets generally avoid probate and are accessible to the trustee. However, if funding is arranged through a pour-over will or if assets are left in the estate, probate may still be required to transfer those resources into the trust. Understanding funding mechanisms is key to minimizing the need for probate in administering the pet trust. To reduce probate exposure, consider funding the trust with assets that can be retitled or assigned directly to the trust while you are alive. For other assets, coordinate beneficiary designations and account titling in a manner consistent with your overall plan. Legal guidance helps select the best approach for achieving timely access to funds for your pet while pursuing your broader estate objectives.
Review your pet trust periodically, especially after major life events such as moves, changes in family structure, or if the named caregiver or trustee’s circumstances change. Annual or biennial reviews are a good habit to ensure contact information remains current and that funding levels still match anticipated needs. Pets’ medical conditions and care requirements can evolve, so updating the care memorandum and trust provisions as necessary keeps the plan effective and practical. When you make changes, ensure the trust is amended using proper legal formalities to preserve enforceability. Notify caregivers and trustees of important updates and provide them with current copies of the trust and care memorandum. Consistent review and communication help avoid surprises when the trust must be activated.
Alongside a pet trust, consider maintaining or updating a last will and testament, powers of attorney for financial matters, an advance health care directive, and any certificates of trust or pour-over wills needed to fund the arrangement. A comprehensive estate plan aligns your pet trust with beneficiary designations, retirement plan instructions, and other estate documents to avoid unintended conflicts or gaps. Including related documents ensures your pet trust functions smoothly within the broader context of your estate plan. Other useful documents include a care memorandum with medical and routine details for the pet and a general assignment of assets to the trust if you plan to transfer property during life. Coordinating these elements provides a cohesive plan that supports both human and animal beneficiaries and reduces administrative burdens for those who will carry out your wishes.
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