An Irrevocable Life Insurance Trust (ILIT) can be an effective component of a well-rounded estate plan for individuals and families in Beaumont and Riverside County. At the Law Offices of Robert P. Bergman, we help clients explore how an ILIT can remove life insurance proceeds from an estate, provide liquidity to pay final expenses and taxes, and preserve wealth for beneficiaries. This introductory overview explains the purpose and common uses of an ILIT, typical grantor and trustee roles, and the practical effects of transferring an insurance policy into a properly drafted trust for long-term asset protection and orderly distribution.
Choosing whether an ILIT is appropriate requires careful consideration of your family dynamics, asset mix, and retirement plans. Many clients in Beaumont find that pairing an ILIT with other estate planning documents such as a revocable living trust, pour-over will, and advance health care directive provides greater certainty and coordination. Our firm focuses on clear communication to explain how an ILIT works, the steps to fund and administer the trust, and potential tax and creditor implications so you can make an informed decision that aligns with your goals and California law.
An ILIT offers advantages for estate planning, including removing life insurance proceeds from the taxable estate, shielding assets from certain creditor claims, and directing proceeds according to your wishes after death. In Riverside County, a properly structured ILIT helps ensure that life insurance benefits are used for intended purposes like paying estate taxes, supporting surviving spouses, funding trust distributions for children, or providing for special needs family members. Understanding these benefits allows you to evaluate whether an ILIT fits with other documents such as a revocable living trust, pour-over will, or retirement plan trust to create a cohesive legacy plan.
The Law Offices of Robert P. Bergman serves clients across California with a focus on practical estate planning solutions tailored to family and business needs. We guide clients through creating trusts, wills, powers of attorney, and healthcare directives that reflect personal priorities. Our approach emphasizes clarity, responsiveness, and careful drafting to reduce future disputes and administrative complications. For Beaumont residents considering an ILIT, we explain the drafting and funding steps, trustee responsibilities, and how an ILIT interacts with existing plans to help you achieve a smooth transition of assets according to your wishes.
An ILIT is a separate legal entity created to own life insurance policies and receive policy proceeds free from direct control by the grantor. Once established and funded, the grantor gives up certain ownership rights, which is what distinguishes an ILIT from retaining a policy personally. This separation is essential for removing proceeds from an estate for federal and state estate tax considerations. In California, creating and funding an ILIT requires careful timing and compliance with trust and tax rules, and the choice of trustee, beneficiaries, and distribution terms should reflect your overall estate plan.
Funding an ILIT typically involves transferring ownership of an existing life insurance policy to the trust or having the trust purchase a new policy where premiums are paid by gifts to the trust. The trust document sets the trustee’s authority to manage the policy and distribute proceeds according to your instructions. It is important to account for gift tax annual exclusion rules and any three-year look-back for transfers of existing policies. Clear coordination with beneficiaries and trustees helps avoid unintended consequences and facilitates efficient administration when life insurance proceeds become payable.
An ILIT is a trust instrument that becomes the owner and beneficiary of a life insurance policy, removing the policy’s death benefit from the grantor’s taxable estate in many cases. The grantor transfers ownership to the ILIT and typically cannot retain incidents of ownership; otherwise, the policy may be included in the estate. The trustee manages the trust, pays premiums from gifts, and follows distribution instructions after the insured’s death. Properly drafted ILIT provisions clarify who receives benefits and when, whether distributions are outright or held in further trust, and how funds should be used to meet obligations like estate taxes, debt, or ongoing family support.
Creating an ILIT involves drafting the trust document, selecting trustees and beneficiaries, transferring or issuing the policy in the trust’s name, and establishing a mechanism for funding premium payments. The trust should include clear distribution provisions, trustee powers, and administrative guidelines. If transferring an existing policy, be mindful of timing rules that may affect estate inclusion. Trustees should keep records of gifts used to pay premiums and follow the trustee duties outlined in the trust. Coordination with other estate planning instruments and beneficiary designations is a critical step to ensure the ILIT functions as intended alongside revocable living trusts and wills.
A concise glossary helps demystify estate planning language used with ILITs. Terms such as grantor, trustee, beneficiary, incidents of ownership, pour-over will, and funding describe roles and processes important to trust formation and administration. Understanding these concepts makes it easier to discuss goals, evaluate trade-offs, and work with counsel to draft documents that reflect your wishes. This glossary section provides plain-language definitions to help you and your family make informed choices about how an ILIT can fit into a broader estate plan that may include wills, living trusts, powers of attorney, and healthcare directives.
The grantor is the person who creates the trust and transfers assets into it. In the context of an ILIT, the grantor typically establishes the trust, signs the trust document, and takes the steps to transfer ownership of a life insurance policy into the ILIT. After funding the ILIT, the grantor normally relinquishes control over the policy so that proceeds fall outside the controlled estate. Choosing the right grantor actions and understanding the tax and legal consequences of transfers are important when creating an effective ILIT.
Incidents of ownership refer to rights that allow a person to control a life insurance policy, such as the ability to change beneficiaries, borrow against the policy, or surrender it for cash. If the grantor retains any incidents of ownership at the time of death, the policy proceeds can be included in the deceased’s estate for tax purposes. Proper ILIT drafting and timely transfer of policy ownership are designed to avoid retention of these incidents and to ensure that the trust holds the policy free from estate inclusion.
The trustee is the individual or entity responsible for administering the ILIT, managing the policy, accepting gifts to pay premiums, and making distributions under the trust terms. A trustee’s duties include record keeping, communicating with beneficiaries, and following the grantor’s instructions as set forth in the trust document. It is important to select a trustee who can manage administrative responsibilities impartially and reliably, whether that is a trusted family member, friend, or professional fiduciary.
Funding an ILIT requires a mechanism for premium payments so the trust can maintain an in-force policy. Common approaches include making annual gifts to the trust under the gift tax annual exclusion or transferring an existing policy outright. Trustees should document gifts used to pay premiums and may establish a distribution plan for any trust proceeds. Proper funding ensures the ILIT serves its intended purpose of managing life insurance proceeds and providing liquidity for estate settlement or beneficiary needs.
An ILIT serves a different purpose than a revocable living trust or a simple named beneficiary on a policy. While a revocable living trust provides flexible asset management and probate avoidance during life, an ILIT is specifically designed to hold life insurance outside of the taxable estate. Comparing options requires assessing control, tax consequences, and administrative complexity. For many families, combining an ILIT with other documents like a pour-over will or durable power of attorney creates a more complete plan. The right approach depends on family circumstances, asset types, and goals for distributing life insurance proceeds after death.
For individuals with modest estates and straightforward beneficiary plans, a limited approach may be sufficient. If life insurance proceeds will pass directly to a surviving spouse or adult children without complex distribution conditions, maintaining a policy with a clear beneficiary designation and complementary estate documents may meet basic needs without the administrative overhead of an ILIT. That said, it remains important to consider potential tax exposure, creditor concerns, and how the policy interacts with other estate documents to avoid unintended outcomes at the time benefits become payable.
If the primary goal is short-term liquidity for funeral expenses or immediate family needs, a limited approach to life insurance planning might suffice. In such cases, a policy with direct beneficiaries and coordinated estate documents may cover immediate post-death costs without creating a trust vehicle. However, individuals should weigh this simplicity against long-term planning goals, including tax mitigation and asset protection. Consulting on how a policy fits into retirement planning or business succession helps determine whether a simple arrangement will continue to serve future needs.
A comprehensive approach that includes an ILIT alongside other estate planning documents helps address potential estate tax exposure and the administrative burdens of settling an estate. Life insurance proceeds placed in an ILIT are often excluded from the taxable estate, which can preserve more wealth for beneficiaries and ease the settlement process. Coordinating the ILIT with revocable trusts, pour-over wills, and beneficiary designations ensures all elements work together, reducing the risk of unintended inclusions or conflicts that could complicate probate and estate administration in California.
Families with blended households, beneficiaries with special needs, or business ownership interests often require tailored solutions to ensure fairness and continuity. An ILIT can be drafted to provide specific distribution timing, protection from creditor claims, or support for beneficiaries who may not be able to manage large lump-sum inheritances. When combined with trusts such as a special needs trust or retirement plan trust, a comprehensive plan helps align life insurance benefits with broader financial and caregiving objectives while respecting legal and tax considerations.
A coordinated estate plan that includes an ILIT provides several benefits including clearer distribution instructions, potential estate tax reduction, and protection against certain creditor claims. When life insurance proceeds are held in trust and distributed under well-drafted terms, beneficiaries receive support as intended without triggering unnecessary delays or disputes. Integrating the ILIT with other key documents like revocable living trusts, advance health care directives, and powers of attorney creates a seamless plan for managing both immediate and long-term family needs while aligning with California statutory requirements.
Beyond tax and creditor concerns, a comprehensive plan permits tailored distributions to address different beneficiary needs, such as providing income for a surviving spouse while preserving principal for children, funding education, or supporting special needs family members without disqualifying public benefits. Proper trustee selection and clear trust terms reduce the likelihood of conflict and provide a practical roadmap for fiduciaries to follow. The result is greater certainty that your intentions for life insurance proceeds and other assets will be carried out responsibly and with minimal disruption.
An ILIT can help provide liquidity to an estate while keeping insurance proceeds outside the grantor’s taxable estate, which can ease settlement costs and reduce the need to sell assets. This liquidity is especially valuable when estates include illiquid assets such as real estate or closely held business interests. By directing life insurance proceeds through an ILIT, families may avoid forced sales and ensure funds are available for taxes, debts, and final expenses, making the estate settlement process more orderly and preserving value for intended beneficiaries.
Using an ILIT allows grantors to specify how and when beneficiaries receive benefits, which can protect proceeds from poor financial decisions, creditors, or unintended claims. The trust document can tailor distributions to provide steady support, restrict distributions until beneficiaries reach certain milestones, or create subtrusts for different purposes. This level of control enables families to balance immediate needs with long-term preservation of assets, providing structure that helps trustees administer funds prudently and in accordance with the grantor’s goals.
Before transferring a policy to an ILIT or naming a trust as beneficiary, verify current ownership and beneficiary designations to avoid conflicts. In some cases, a straightforward beneficiary designation accomplishes a client’s goals, while in others, transferring ownership to the ILIT is necessary to achieve estate planning objectives. Careful record-keeping helps prevent unintended estate inclusion or disputes among heirs. Discussing these details early and documenting transfers, gifts, and trustee instructions ensures the policy and trust align with the broader estate plan and legal requirements in California.
Choose a trustee who can carry out administrative duties reliably and follow the trust’s distribution terms. Clear trust language about trustee powers, distribution standards, and procedures for premium payments simplifies administration and reduces the risk of conflicts. If the trustee is a family member, consider whether professional fiduciary assistance or co-trustee arrangements might provide continuity and impartial management. Detailed instructions regarding distributions, use of proceeds, and record-keeping help trustees fulfill their role and maintain transparency with beneficiaries.
People consider an ILIT for a variety of reasons, including reducing estate tax exposure, ensuring liquidity to settle an estate, protecting death benefits from creditor claims, and directing funds for specific beneficiary needs. An ILIT can be especially useful for those with significant life insurance policies, owners of closely held businesses, or individuals who want greater control over the timing and conditions for benefit distributions. Evaluating how an ILIT interacts with retirement accounts, wills, and other trusts helps determine whether it aligns with your estate and legacy objectives.
An ILIT can also provide family governance advantages, such as establishing a predictable framework for inheritance, protecting proceeds for minors or beneficiaries with limited capacity, and facilitating charitable giving. Discussing scenarios with counsel helps identify whether the trust will meet goals such as preserving eligibility for public benefits, funding ongoing expenses for loved ones, or providing for successive generations. Each situation is unique, and a clear plan that integrates an ILIT with other estate planning tools supports both immediate and long-term family priorities while addressing administrative concerns.
People frequently consider an ILIT when they have high-value life insurance policies, complex family structures, significant business interests, or the need to fund estate settlement costs without liquidating assets. An ILIT can also be appropriate when parents want to provide structured support for adult children, protect assets for beneficiaries with special needs, or ensure charitable intentions are honored. Reviewing individual circumstances and combining the ILIT with complementary documents such as special needs trusts or retirement plan trusts allows for tailored solutions that address both tax planning and family goals.
When life insurance proceeds are substantial relative to other estate assets, placing a policy in an ILIT can help prevent unnecessary estate inclusion and reduce the potential tax burden on beneficiaries. This approach helps ensure the death benefit is available for intended uses like paying estate taxes, protecting business continuity, or creating income for surviving family members. Proper documentation of transfers and clear trust terms are important to achieve the desired outcome, and coordination with beneficiary designations and retirement accounts enhances the overall plan.
Blended families often have competing interests that require careful planning to ensure fair and intended distributions. An ILIT allows specific rules for how proceeds are distributed, preserving support for a surviving spouse while protecting assets for children from an earlier marriage or other beneficiaries. This flexibility helps avoid disputes and provides a transparent mechanism to allocate resources according to the grantor’s priorities. Clear drafting and thoughtful trustee selection support smooth administration and reduce the risk of contentious litigation among family members.
If a beneficiary has special needs or is not well positioned to manage a large inheritance, an ILIT can be paired with other trusts to provide ongoing support without jeopardizing public benefits or exposing funds to creditors. Tailored distribution provisions permit controlled disbursements for care, education, and living expenses while preserving eligibility for government programs. Working through these options in advance helps create a sustainable plan that balances immediate needs with long-term protection and ensures that life insurance proceeds deliver meaningful, managed support for vulnerable loved ones.
The Law Offices of Robert P. Bergman provides responsive legal guidance to clients throughout Beaumont and Riverside County. We assist with trust formation, policy transfers to ILITs, coordination with revocable living trusts and wills, and drafting related estate documents such as powers of attorney and advance health care directives. Our team strives to answer questions promptly, explain the steps involved in drafting and funding an ILIT, and help clients select trustees and beneficiaries in a way that supports long-term family goals and administrative ease under California law.
Choosing the right legal guidance matters for complex planning like an ILIT. Our firm focuses on clear communication, careful drafting, and practical solutions that reflect your financial and family circumstances. We work with clients to evaluate the benefits and trade-offs of an ILIT, coordinate the trust with other estate planning documents, and prepare the necessary paperwork to implement your plan. Our goal is to reduce uncertainty and provide a straightforward path for establishing and funding an ILIT that aligns with your wishes and California legal requirements.
We emphasize a collaborative process that includes listening to your goals, reviewing existing documents, and recommending tailored drafting options for trusteeship and distributions. Whether you are considering transferring an existing policy or creating a new policy owned by an ILIT, we guide you through timing, funding strategies, and documentation to help accomplish your objectives. The firm provides practical advice to help you avoid common pitfalls and to ensure the ILIT integrates smoothly with broader estate planning instruments.
Our office supports clients at each step of trust administration, from initial formation and funding to record keeping and communications with beneficiaries and trustees. We help with ancillary documents such as certification of trust, HIPAA authorization, and guardianship nominations if appropriate. By providing clear direction and timely responses, we aim to make the process of establishing and maintaining an ILIT as efficient and predictable as possible for families across Beaumont and Riverside County.
Our process for ILIT matters begins with a thorough review of your current estate plan, life insurance policies, and family objectives. We discuss whether transferring an existing policy or issuing a new policy owned by the ILIT best suits your needs, plan the funding approach for premiums, and draft the trust document with clear distribution and trustee provisions. After execution, we assist with policy transfer, beneficiary updates where appropriate, and documentation of gifts used to fund premiums. Ongoing support is available to trustees to ensure proper administration and compliance with the trust terms.
The first step is a careful consultation to identify your goals, review current policies and estate documents, and evaluate whether an ILIT fits your overall plan. We assess ownership status, beneficiary designations, and any potential estate tax or creditor issues that an ILIT may address. This stage includes discussing trustee selection, funding strategies for premiums, and coordination with other instruments such as revocable living trusts or pour-over wills. Clear communication about timing and anticipated administrative steps sets expectations for implementation.
We examine existing life insurance policies, ownership records, and beneficiary designations to determine whether transferring a policy into an ILIT is appropriate. This review helps identify any incidents of ownership that could trigger estate inclusion if not addressed. We provide guidance about the timing of transfers, potential tax considerations, and whether a new policy owned by the ILIT might be preferable. Thorough analysis at this stage prevents surprises and supports effective funding and administration strategies.
During the initial process, we discuss how premiums will be funded, including the use of annual gift exclusions or other means to ensure the trust can maintain the policy. We also review potential trustees, whether individual or institutional, and the responsibilities they will carry. Clear trust provisions and funding plans reduce administrative complications and help ensure that the ILIT achieves its intended estate planning goals while complying with relevant legal and tax rules.
Once the structure is determined, we draft a tailored ILIT document that sets trustee powers, distribution standards, and premium payment procedures. The trust document includes provisions for successor trustees, record keeping, and coordination with other estate planning instruments. After drafting, we guide you through proper execution and steps to transfer ownership of the policy to the trust or place a new policy in the trust’s name. Clear drafting minimizes ambiguity and lays the groundwork for efficient administration after the grantor’s passing.
We prepare all necessary trust documents and assist with policy paperwork required by insurers to transfer ownership or issue a new policy for the ILIT. The trust includes instructions for premium funding, distribution mechanics, and trustee duties. Ensuring the insurer accepts the trust as owner and beneficiary requires careful coordination and the correct legal documentation, which we handle to streamline the transition and reduce administrative friction.
After execution, we assist with initiating transfers of existing policies or establishing new policies owned by the ILIT, and we document any gifts used to pay premiums. Trustees should maintain records of gifts and premium payments to support the trust’s intended tax treatment. Properly executed transfers and consistent documentation help ensure the ILIT functions as planned and that life insurance proceeds are available to meet estate needs and beneficiary distributions.
Following formation and funding, ongoing administration of the ILIT includes maintaining records of premium payments, communicating with beneficiaries, and carrying out distributions according to the trust terms. Trustees may need assistance with filing required paperwork, managing trust investments if applicable, and responding to beneficiary questions. Our firm offers guidance to trustees on duties and record keeping, and we can assist beneficiaries and fiduciaries during the claim process when life insurance proceeds become payable to ensure distributions proceed smoothly and in accord with your wishes.
Trustees should keep detailed records of gifts used to pay premiums, correspondence with the insurance company, and distributions made from the trust. Proper record keeping supports tax positions and provides transparency for beneficiaries. We advise trustees on what documentation is important and how to maintain consistent reporting to avoid disputes and administrative problems during trust administration and at the time benefits are paid to the trust.
When a life insurance claim is presented, trustees must follow the trust’s distribution instructions while coordinating with insurers and beneficiaries. We assist trustees in preparing claim paperwork, interpreting trust provisions, and making distributions in accordance with the grantor’s wishes. Legal guidance during this stage helps prevent misunderstandings and ensures that proceeds are administered efficiently and in a manner consistent with the trust document and applicable law.
An Irrevocable Life Insurance Trust is a trust that owns a life insurance policy and is designated as its beneficiary. By transferring policy ownership to the ILIT, the death benefit is generally removed from the grantor’s taxable estate, provided the grantor does not retain incidents of ownership. The trustee manages the policy, accepts gifts to pay premiums, and distributes proceeds according to the trust’s terms. The ILIT document sets forth trustee powers, distribution instructions, and procedures for record keeping so the trust functions as intended after the insured’s death. Setting up an ILIT involves careful drafting and coordination with the insurer to ensure the trust is accepted as policy owner. Funding may be accomplished through annual gifts under the gift tax exclusion or by transferring an existing policy, but timing and documentation are important to secure the intended estate and tax benefits. Clear trustee instructions and documentation of premium payments help support the trust’s administration and intended tax treatment.
Transferring a policy into an ILIT can have gift tax implications depending on how the transfer is structured. If you transfer an existing policy, the transfer may be considered a gift of the policy’s value and could require gift tax reporting if it exceeds annual exclusion amounts. One common strategy is for the grantor to make annual exclusion gifts to the trust so the trustee can use those funds to pay premiums, but these gifts should be documented and accepted by the trustee to qualify for exclusion. It is important to consider the gift tax rules and any lifetime exemption limits when planning a transfer. Consulting about valuation of the policy, proper documentation, and whether an annual exclusion strategy is appropriate for your situation helps ensure that funding the ILIT is handled in a tax-advantageous and compliant manner consistent with federal rules and planning objectives.
An ILIT can help reduce the value of an estate subject to federal estate tax by removing life insurance proceeds from inclusion if the trust is properly structured and the grantor has given up incidents of ownership. Since California does not currently have a separate state estate tax, the primary consideration is federal estate tax planning. Establishing and funding an ILIT as part of a larger estate plan can preserve more assets for beneficiaries by providing liquidity without increasing estate value. Timing and documentation matter: if the insured dies within a specific look-back period after transferring an existing policy, proceeds may still be included in the estate. Coordinating the ILIT with other planning tools and reviewing potential exemptions and tax exposure is essential to maximize the intended benefits while complying with applicable laws.
Once a policy is transferred to an ILIT, the grantor generally should not retain incidents of ownership, such as the ability to change beneficiaries, borrow against the policy, or surrender it, otherwise the policy may be included in the estate. The purpose of the ILIT is to create a clear ownership separation so that proceeds may pass under the trust’s terms rather than through the taxable estate. Effectively relinquishing control is part of achieving the trust’s benefits. If maintaining some flexibility is important, other planning approaches or combinations of documents may be considered, but these require careful drafting. Discussing the desired level of control and the trade-offs involved helps determine the appropriate structure and avoids outcomes that could undermine the ILIT’s objectives.
Selecting a trustee involves balancing trustworthiness, administrative ability, and impartiality. A trustee could be a trusted family member, a close friend, or a professional fiduciary. Important considerations include the trustee’s willingness and availability to manage the policy, keep records, accept gifts for premium payments, and make distributions according to the trust’s instructions. The trustee should be someone who can communicate effectively with beneficiaries and insurance companies. Some clients choose a co-trustee arrangement combining a family member and a professional to provide both personal knowledge and continuity. Regardless of the choice, the trust document should clearly outline trustee duties, powers, and succession plans so administration proceeds smoothly and in alignment with the grantor’s wishes.
Premium payments for an ILIT-owned policy are typically made by the trustee from gifts provided to the trust. Many grantors use annual gift tax exclusions to make tax-efficient contributions so the trustee can pay premiums without triggering gift tax liabilities. Proper documentation and acceptance of gifts by the trustee are important to demonstrate legitimate funding of premium payments and to maintain tax benefits. Trustees must maintain records of gifts and premium expenditures and follow any trust provisions relating to investing and using trust assets. Consistent funding is essential to keep the policy in force, and planning for future premium obligations helps avoid lapses that could undermine the trust’s purpose.
If the insured dies shortly after transferring a policy to an ILIT, federal rules may include the policy proceeds in the grantor’s estate for estate tax purposes. This look-back period can negate certain tax benefits of an ILIT transfer made too close to the date of death. It is therefore important to consider timing when transferring an existing policy, and in some cases, purchasing a new policy owned by the ILIT may be preferable to transferring ownership of an existing policy. Planning to avoid unintended inclusion requires advance preparation and careful timing. Discussing the potential look-back consequences and alternative funding paths helps create a plan that preserves intended benefits and reduces the risk of estate inclusion.
An ILIT can be used alongside a special needs trust to provide for a beneficiary without disqualifying them from public benefits. The ILIT’s distribution provisions can be tailored to direct funds to a special needs trust or provide limited distributions that supplement, rather than replace, public benefits. This coordination ensures that the beneficiary receives meaningful support while preserving eligibility for essential programs. Drafting these arrangements requires careful attention to trust terms and beneficiary needs and should involve coordinated planning among the ILIT, the special needs trust, and other estate documents. Clear instructions and trustee obligations help protect the beneficiary’s long-term welfare and access to necessary services.
Coordinating beneficiary designations with an ILIT requires ensuring that beneficiary forms and trust provisions do not conflict. When the ILIT is intended to own a policy, the trust should be named as beneficiary or owner in a manner consistent with the grantor’s overall plan. If other accounts or policies name beneficiaries directly, those designations should be reviewed to ensure they align with trust objectives and do not create unintended outcomes or probate exposure. Consistent review of beneficiary designations as life circumstances change is important. Periodic updates and clear documentation help maintain the alignment of assets with the trustee’s responsibilities and the grantor’s intentions for supporting beneficiaries as intended.
The time to set up and fund an ILIT varies depending on whether you are transferring an existing policy or obtaining a new one, and on the complexity of the trust provisions. Drafting the trust document and coordinating execution typically takes a few weeks to a couple of months, including insurer paperwork to transfer ownership or issue a new policy. If funding requires annual gift arrangements or other planning steps, additional time may be needed to implement the funding strategy effectively. Working with counsel to prepare clear documents and follow the necessary administrative steps helps streamline the process. Prompt and accurate documentation, coordinated communication with insurers, and careful trustee selection all contribute to a smoother implementation timeline.
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