If you are considering changes to an existing trust in Fallbrook, a trust modification petition can be the legal path to update terms, correct errors, or adapt to changing circumstances. Trust modification petitions are governed by California law and require careful preparation of pleadings, supporting declarations, and sometimes notice to beneficiaries. The Law Offices of Robert P. Bergman can assist with the process, offering clear guidance on steps, timelines, and potential outcomes. Our approach focuses on assessing the trust documents, identifying the specific modification needed, and preparing a petition that explains the legal basis for the requested change.
Many clients seek trust modifications after life events such as remarriage, changes in assets, the need to add or remove beneficiaries, or when a trust’s terms no longer reflect the grantor’s intentions. The petition process may involve court filings and may require addressing objections from interested parties. We help clients evaluate whether a petition is the right route versus alternative means like trust restatement, decanting, or nonjudicial amendments when available under the trust instrument and California law. Contact the Law Offices of Robert P. Bergman at 408-528-2827 to discuss your situation and next steps tailored to your family and financial goals.
A properly handled trust modification petition can preserve the grantor’s original intent while accommodating new realities, preventing unintended results or disputes among beneficiaries. The petition can correct drafting errors, clarify ambiguous provisions, address changed circumstances that were not foreseeable when the trust was drafted, or modify trustee powers to better fit current needs. By bringing the court into the process when necessary, a petition offers a binding resolution that reduces future uncertainty. The process also creates a clear legal record of the change, which can be important for trustees, beneficiaries, and financial institutions responsible for administering trust assets.
Law Offices of Robert P. Bergman provides practical and thoughtful estate planning services for clients throughout California, including trust modification matters in Fallbrook and San Diego County. Our firm helps clients review trust documents, identify viable modification strategies, and navigate court procedures when a petition is needed. We focus on clear communication, responding promptly to client questions, and coordinating with trustees and other counsel as needed. Our goal is to guide clients through a sometimes complex process while minimizing disruption and protecting their long term objectives for asset distribution and family care.
A trust modification petition is a formal court request to alter the terms of a living trust when informal methods are unavailable or inappropriate. Grounds for a petition may include ambiguous wording, changed circumstances that frustrate the trust’s purpose, typographical or drafting mistakes, or a grantor’s diminished capacity at the time of signing. The petition outlines the requested change, the legal reasons supporting modification, and the proposed revised terms. Interested parties are generally notified and have the opportunity to respond. The court evaluates evidence and issues an order approving, denying, or conditioning the modification based on the trust instrument and applicable law.
Not every situation requires a petition; sometimes a trust can be amended through provisions in the trust instrument or by agreement among beneficiaries. However, when the trust instrument lacks a mechanism for the needed change or when disputes arise, a petition becomes the appropriate path to obtain a definitive legal resolution. The petition process can involve gathering evidence, preparing a clear declaration from the person requesting the change, and addressing potential objections from beneficiaries or creditors. Timely legal guidance helps clients select the most efficient route and avoid procedural missteps that could delay or jeopardize relief.
A trust modification petition is a court filing seeking judicial approval to alter one or more terms of an existing trust. The petition sets forth the requested change, facts supporting the request, and any legal authority or equitable principles that justify modification. Motions to modify may be focused and narrow or involve broader revisions depending on the circumstances. The court will consider whether the requested change aligns with the trust’s intent, whether the modification is necessary to achieve the trust’s purpose, and whether any parties will be unfairly prejudiced. The outcome is a court order that becomes part of the trust’s legal history.
Key steps in a petition include reviewing the original trust document and any related amendments, identifying grounds for modification, drafting the petition and declarations, and preparing proposed modified trust language or an order for the court to enter. The process may require providing notice to all beneficiaries and interested parties, addressing potential objections, and presenting evidence to support the requested change. Working closely with trustees or successor trustees can streamline the process. Attention to procedural requirements and clear drafting of the proposed changes increases the likelihood of a favorable and enforceable court order.
Understanding key terms helps demystify the petition process. Important concepts include the grantor, trustee, beneficiaries, trust instrument, amendment, restatement, decanting, and judicial modification. Knowing these definitions clarifies roles and options when a trust requires change. A clear grasp of terminology also helps in communicating with the court, trustees, and beneficiaries, and in preparing accurate pleadings. If a term in the trust is ambiguous, the court may interpret it in view of the trust’s purpose and surrounding circumstances. Precise language and documentation are essential to avoid unnecessary disputes or delays.
The grantor is the person who created the trust and transferred assets into it. The grantor’s intent, as reflected in the trust instrument, is a central consideration when seeking a modification. Courts look to the grantor’s stated purposes and surrounding circumstances to determine whether a proposed change aligns with those intent-based goals. In some cases, if the grantor is still living, the grantor’s current wishes may bear on permissible changes. When the grantor has died, evidence of intent and the trust language will guide whether a judicial modification is appropriate to achieve the trust’s purpose.
A beneficiary is an individual or entity entitled to receive benefits from the trust. Beneficiaries may have differing interests and may be directly affected by proposed modifications. Courts typically require notice to beneficiaries and may consider their objections when deciding on a petition. The court aims to balance the grantor’s intent with fairness to beneficiaries, considering whether a change would materially prejudice their interests. Clear communication with beneficiaries about the reasons for a proposed modification can reduce conflict and facilitate a smoother court process if a petition becomes necessary.
The trustee manages trust assets and carries out the trust’s terms for the benefit of beneficiaries. Trustee duties include following the trust document, investing prudently, and providing accountings when required. In a petition to modify a trust, the trustee may be named as a party, particularly if the modification affects trustee powers or administration. Cooperation with the trustee can often streamline modifications, while trustee concerns or competing duties may require court clarification. When a trustee lacks authority to implement a needed change, a judicial order can clarify powers or approve the modification.
A restatement is a comprehensive revision that replaces prior trust terms while maintaining the original trust entity, avoiding a new creation. Decanting involves transferring assets from one trust to another trust with different terms, when authorized by law or the trust instrument. Both tools can sometimes achieve changes without court intervention when allowed, but when these options are unavailable or contested, a judicial modification petition may be necessary. Choosing the appropriate method depends on the trust language, state statutory rules, and whether beneficiaries and trustees agree to the approach.
When a trust change is needed, options range from informal amendments permitted by the trust, restatements, and decanting to filing a petition in court. Nonjudicial routes are often faster and less costly but require that the trust instrument or unanimous beneficiary agreement allows the change. Judicial petitions are appropriate when the instrument lacks mechanisms, when there is a dispute among beneficiaries, or when clarity from the court is essential to prevent future litigation. An evaluation of the trust language and the positions of involved parties helps determine the most efficient and reliable path forward.
A limited approach is often appropriate when the trust instrument expressly permits the grantor to amend or restate the trust and the grantor’s intentions are clear. Amendments or restatements can effect desired changes without court involvement, saving time and expense. The grantor should follow the instrument’s formalities for signing and witnessing to avoid later challenges. Even when the trust permits changes, prudent documentation and notification to trustees and beneficiaries can prevent misunderstandings and reduce the risk of future disputes about the validity of the amendment.
When all beneficiaries agree to a proposed modification and the trust or applicable statute allows modifications by consent, the parties can often implement the change without court involvement. Voluntary agreements can be faster, less formal, and less expensive than litigation. Written consents, clear documentation, and coordination with the trustee are important to create a solid record. Even with unanimous beneficiary consent, it is wise to confirm that the proposed change does not inadvertently affect creditor rights or other legal obligations, ensuring the modification is legally sound and enforceable.
Comprehensive legal assistance is warranted when trust provisions are ambiguous or when beneficiaries dispute the meaning or intended application of provisions. In such cases, a judicial petition can provide finality and authoritative interpretation. Preparing a petition requires gathering evidence, assembling declarations, and articulating a legal rationale that persuades the court to approve the requested modification. Full-service representation helps manage contested proceedings, coordinate with other attorneys, and protect the client’s interests throughout the litigation and post-order administration stages, minimizing the risk of future challenges.
When trusts hold complex assets, business interests, or arrangements with tax implications, a thorough legal approach helps evaluate the impact of proposed changes. Modifying trustee powers, beneficiary designations, or distribution terms can have downstream consequences for taxation, creditor exposure, or retirement assets. A judicial order may be necessary to provide clarity and reduce risk to trustees and beneficiaries who must administer the trust according to the revised terms. Careful analysis and coordinated legal steps can preserve value and prevent unintended tax or liability issues.
A comprehensive approach ensures thorough review of the trust documents, consideration of all legal options, and preparation of robust court filings when a petition is required. This reduces the chance of procedural errors, overlooked parties, or incomplete notice that could later undermine the modification. Comprehensive representation also helps identify practical administration issues that may arise after a court order, allowing for smoother transitions. The goal is to achieve a durable, well-drafted result that aligns with the grantor’s intent and provides clear direction for trustees and beneficiaries moving forward.
Comprehensive handling also helps manage communications with beneficiaries and trustees, reducing conflict and encouraging cooperative resolution where possible. In contested matters, careful legal preparation and factual development can strengthen the petition and anticipate likely objections. Professional guidance can also coordinate with financial institutions and title holders to implement court-ordered changes efficiently. By addressing both legal and administrative dimensions, a comprehensive approach minimizes future disputes and supports a practical, enforceable plan for trust administration following modification.
A formal court order approving a modification creates a clear legal record that trustees and third parties can rely upon when administering trust assets. This clarity reduces the risk of later challenges and gives trustees confidence to follow the revised terms. Preparing a petition for court approval requires attention to evidentiary support and legal argument, which adds weight to the resulting order. The practical effect is greater certainty for beneficiaries and financial institutions, enabling smoother transfers and distributions consistent with the court-approved modifications.
A well-prepared judicial modification helps reduce the likelihood of future litigation by resolving contested issues and documenting the rationale for changes. This reduces administrative friction for trustees and lessens stress for family members who rely on the trust for support. The comprehensive process anticipates potential objections and addresses them proactively in filings and negotiations, aiming for a final decree that is durable and enforceable. Ultimately, this supports smoother long-term trust management and clearer expectations among beneficiaries about their rights and the trustee’s duties.
Start by obtaining and reviewing the complete trust document, any amendments, and related estate planning materials. Understanding the precise language and any clauses that permit amendment, restatement, or trustee powers is essential before deciding whether a petition is necessary. Gather supporting documents that evidence the grantor’s intent, such as prior drafts, correspondence, or related estate planning instruments. A thorough document review helps identify whether nonjudicial remedies are available and informs the strategy for a petition if court action is required, reducing the risk of procedural surprises later in the process.
Assemble evidence supporting why the trust should be modified, including financial records, medical records if relevant, and witness statements that clarify intent or changed circumstances. Clear factual support strengthens a petition and helps the court understand the practical reasons for the requested change. Documentation also helps address likely objections and streamlines settlement discussions. When tax or asset complexity is present, include appropriate professional analyses to demonstrate that the proposed modification preserves value and aligns with the grantor’s overall estate planning objectives.
Consider a petition when the trust’s terms no longer reflect the grantor’s intent, when administrative errors exist, or when beneficiaries dispute the meaning or application of provisions. A petition may also be necessary if the trust contains drafting mistakes that create unintended results, or if changes in family circumstances such as remarriage, divorce, births, or deaths require formal revision. In many situations involving complex assets or retirement accounts, a judicial order provides clarity that helps trustees administer the trust without fear of liability or further dispute, making the petition a prudent choice.
A petition can also be appropriate when nonjudicial alternatives are unavailable due to restrictive trust language, beneficiary disagreement, or uncertainty over whether state law allows a proposed action like decanting. When beneficiaries have conflicting interests, a court determination reduces the risk of ongoing litigation and establishes a binding resolution. If tax consequences or creditor claims are a concern, coordinating with financial and tax advisors and presenting a comprehensive petition helps protect estate assets and ensures the modification is implemented in a legally defensible manner.
Typical circumstances prompting petitions include ambiguous provisions that create disputes, clerical or drafting errors that change meaning, changes in family dynamics such as marriages or divorces, and situations where a trustee lacks authority to implement necessary changes. Other reasons include updating trustee succession, clarifying distributions for minor or special needs beneficiaries, resolving conflicts over beneficiary designations, or addressing outdated provisions that impede efficient administration. Identifying the specific issue early helps determine whether a petition is required or if alternative approaches are feasible without court intervention.
Ambiguous language in a trust can lead to disagreements about intent and distribution, prompting a petition to clarify the trustee’s obligations or beneficiary entitlements. Courts examine the trust’s language, surrounding circumstances, and extrinsic evidence to interpret ambiguous terms in a way that aligns with the grantor’s intent. Filing a petition to resolve ambiguity creates an authoritative interpretation that trustees and institutions can rely upon, reducing the risk of inconsistent administration or future litigation. Clear court orders help implement distributions and trustee decisions smoothly.
Life events such as remarriage, divorce, new births, deaths, or significant changes in assets can render a trust’s terms outdated or unfair. A petition allows the trust to be adjusted to reflect current realities and the grantor’s revised intentions, ensuring that beneficiaries receive distributions consistent with present circumstances. The petition process formalizes changes and provides legal clarity that helps trustees administer the trust responsibly and beneficiaries understand their rights under the modified terms.
Clerical mistakes, typographical errors, or unintended omissions in trust documents can create outcomes that the grantor did not intend. When such errors cannot be corrected through simple administrative action, a petition to modify the trust can fix the document and align it with the grantor’s original intent. Courts evaluate the evidence and may reform the trust to correct errors while preserving the overall integrity of the estate plan, protecting beneficiaries from unintended consequences caused by drafting oversights.
If you live in Fallbrook or nearby communities in San Diego County, the Law Offices of Robert P. Bergman provides local-focused assistance for trust modification matters. We are familiar with regional courts and procedural expectations and can coordinate filings and notices required by local practice. Our approach emphasizes practical solutions and clear communication with trustees and beneficiaries. Contact our office to schedule a consultation, review your trust documents, and explore the options for achieving an effective, durable modification that reflects current circumstances and protects your family’s interests moving forward.
Choosing a firm to handle a trust modification petition involves selecting counsel who will thoroughly analyze the trust instrument, advise on legal options, and prepare persuasive court filings when necessary. Our firm guides clients through each step, from assessing whether nonjudicial alternatives exist to preparing a petition, serving notice, and representing clients at hearings. We emphasize clear communication so clients understand procedural timelines, potential outcomes, and practical implications of any modification. Our goal is to secure a durable resolution that supports orderly trust administration.
We work closely with trustees, beneficiaries, and other professionals to gather necessary documentation, build factual support for petitions, and anticipate likely objections. By developing a comprehensive record and proposed order, we seek to streamline the court process and reduce the risk of appeals or collateral litigation. Attention to procedural requirements, proper notice, and concise legal argumentation helps avoid delays and supports a favorable resolution. Clients appreciate our focus on practical outcomes that balance legal clarity with the family’s long term needs.
Communication and responsiveness are central to our service, including timely updates on filings and coordination with financial institutions that must implement any court-ordered changes. We provide guidance on the administrative steps that follow a modification, such as updating account titles, beneficiary designations, and trustee records, to ensure the trust functions as intended. When needed, we help trustees obtain court orders that protect them from liability and give them clear authority to act under the modified terms.
Our process begins with an initial review of your trust documents and a discussion of the desired change and surrounding circumstances. We identify procedural requirements, potential interested parties, and the evidence needed to support a petition. When a judicial route is necessary, we prepare the petition, supporting declarations, and a proposed order, then serve notice and file with the appropriate court. We manage communications with other parties and represent clients at hearings, aiming for a clear, enforceable order that implements the requested modification and minimizes further dispute.
The first step is a detailed review of the trust, related documents, and the facts that motivate the change. We evaluate whether the trust permits nonjudicial amendment or restatement and whether beneficiaries are likely to consent. If a petition is needed, we develop a strategy that identifies the legal basis, required evidence, and the appropriate court to file in. Early strategy helps define expectations, necessary timelines, and potential costs so clients can make informed decisions about pursuing the petition.
We assemble the trust instrument, any amendments, related estate planning documents, and factual evidence such as financial records, correspondence, or medical records that support the requested modification. Witness declarations may be prepared to establish intent or clarify circumstances. A comprehensive evidentiary record strengthens the petition and helps anticipate challenges, enabling a clearer presentation to the court and increasing the likelihood of a timely resolution aligned with the client’s objectives.
Identifying all beneficiaries, trustees, and other interested parties is essential to meet notice obligations and avoid procedural defects. We determine statutory notice requirements and prepare a plan for service and disclosures so the petition proceeds without avoidable delays. Proper notice also provides an opportunity to resolve disagreements informally where possible, which can save time and expense compared with contested litigation.
Once the petition and supporting declarations are drafted, we file them with the appropriate court and serve notice on all interested parties according to statute and local rules. The filing includes a proposed order and any necessary exhibits that show the current trust terms and the requested revisions. Timely service and adherence to procedural rules are critical to prevent dismissal or delays, and we manage these tasks precisely to keep the matter moving toward resolution.
Drafting a persuasive petition and a clear proposed order helps the court understand the requested change and how it will be implemented. We focus on explaining the legal basis, providing supporting facts, and drafting precise modified language for the trust or an order to effect the change. Clarity in the proposed order helps trustees and institutions implement the modification without further litigation.
After filing, we serve the petition on beneficiaries and other interested parties and monitor for responses or objections. If disputes arise, we explore options for resolution through negotiation, informal settlement, or briefing as needed. We keep clients informed about deadlines and help prepare responses to objections to present the strongest possible case to the court while seeking an efficient pathway to resolution.
If the matter proceeds to a hearing, we present the factual and legal support for the proposed modification and respond to objections raised by other parties. The court may approve the modification, deny it, or approve part of the proposal with conditions. Once the court issues an order, we assist with implementing the order, updating trust records, coordinating with financial institutions, and taking any follow-up steps needed for effective administration under the revised terms.
We prepare declarations, exhibits, and any witnesses needed to support the petition at hearing. Preparation includes anticipating likely lines of questioning, organizing evidence for clear presentation, and ensuring that the court has a complete record to evaluate the requested modification. Thorough preparation helps present a cohesive case and increases the likelihood of a favorable and enforceable court order.
After a court issues an order, we help implement the modification by preparing updated trust records, advising on title changes, and coordinating with trustees and financial institutions to ensure assets are administered per the new terms. We also address any procedural follow-up, such as filings required by local rules, and stand ready to help resolve any residual questions that arise during administration under the modified trust.
A trust modification petition is a formal request filed in court to change the terms of an existing trust when nonjudicial methods are unavailable or contested. Common grounds for a petition include ambiguity in trust language, drafting errors, changed circumstances that frustrate the trust’s purpose, or when a trustee lacks authority to implement a necessary change. The petition sets forth the requested modification, the factual basis supporting it, and a proposed order. Courts evaluate whether the modification aligns with the grantor’s intent and whether it is equitable for beneficiaries. The court process involves filing the petition, serving notice on beneficiaries and interested parties, and presenting evidence and argument if objections arise. The court may approve the modification, deny it, or issue a conditional order. A judicial order creates a clear legal record that trustees and institutions can rely on. Because petitions require careful factual development and adherence to procedural rules, clients often benefit from guidance to ensure proper notice and persuasive presentation in court.
Yes, some trusts can be modified without court involvement through amendments, restatements, or decanting when the trust document or state law permits such actions. If the grantor retains amendment rights or if all beneficiaries agree and the trust instrument allows it, a nonjudicial change can be faster and less expensive. Documentation of consent and careful drafting are important to avoid future disputes, and trustees should follow the instrument’s formalities to ensure validity. However, when the trust lacks amendment provisions, beneficiaries disagree, or the desired change raises contested legal or tax issues, a court petition may be the most reliable method to obtain binding authority for the modification. A petition provides judicial clarity and reduces the risk of future challenges, particularly when trust administration involves third parties such as banks or title companies that require a court order to effect changes.
Notice requirements vary, but generally all beneficiaries and any known creditors with an interest in the trust must be notified of a petition to modify a trust. The trustee and any other parties with a direct legal stake in the trust’s terms should also receive notice so they have the opportunity to respond. Proper service of notice according to California statutes and local rules is essential to avoid procedural defects that could delay or invalidate the petition. Failing to notify interested parties can lead to additional hearings or the need to refile matters, increasing time and cost. Early identification of all potential interested parties and adherence to procedural service requirements helps the petition proceed efficiently and reduces the likelihood of post-decree challenges that could affect the modification’s effectiveness in practice.
The timeline for a trust modification petition varies depending on court schedules, whether the matter is contested, and the complexity of the issues. Uncontested petitions can sometimes be resolved in a few months if notices and filings proceed smoothly and no objections are filed. Contested matters may take longer, requiring additional briefing, hearings, and potentially a trial, which can extend the process significantly depending on the court’s calendar and the need for discovery or expert reports. Working proactively to gather evidence, provide proper notice, and explore settlement options can shorten the timeline. Early legal guidance helps set realistic expectations for timing and identifies steps that reduce avoidable delays, such as confirming all interested parties are properly served and preparing concise, focused filings that the court can evaluate readily.
Evidence needed for a petition depends on the grounds for modification. Typical supporting materials include the trust document and any amendments, correspondence or drafts showing intent, financial records demonstrating changed circumstances, and witness declarations that clarify the grantor’s wishes or establish factual context. Medical records or other documentation may be relevant for cases involving capacity or changes in the grantor’s condition. A clear evidentiary record helps the court assess whether the requested modification aligns with the trust’s purpose and the grantor’s intent. When allegations of mistake or ambiguity are present, detailed declarations explaining the circumstances and what the grantor intended can be persuasive. Gathering comprehensive documentation in advance strengthens the petition, reduces surprises, and helps resolve objections more efficiently, improving the prospects for a timely and enforceable court order.
A trust modification can have implications for creditors and tax obligations depending on the nature and timing of the change. Modifications that affect beneficial interests or asset transfers may trigger creditor claims or tax consequences, particularly if they reduce a creditor’s ability to satisfy a claim or alter the tax characterization of assets. It is important to evaluate the potential impact before implementing changes, and in some situations providing notice to creditors or obtaining court approval can mitigate risks. Coordinating with tax advisors and considering statutory limitations helps manage potential adverse consequences. Detailed legal and financial analysis prior to filing a petition can identify steps to minimize tax exposure and ensure creditors’ rights are addressed appropriately under applicable law, protecting both the trust assets and beneficiaries’ interests.
Yes, a trustee can file a petition to modify a trust if the trustee believes modification is necessary to fulfill the trust’s purpose or to clear up ambiguities that impede administration. Trustees have a duty to act in the best interests of beneficiaries and to follow the trust’s terms, and when authority is unclear or a change is needed for proper administration, seeking court guidance is appropriate. Trustees should document the basis for the petition and follow notice requirements to interested parties. When trustees pursue modifications, courts evaluate whether the proposed change is consistent with the grantor’s intent and whether it is fair to beneficiaries. Trustees should ensure they have adequate factual support and legal justification for the petition and coordinate with beneficiaries and advisors where possible to minimize conflict and facilitate a smooth court process.
If beneficiaries object to a proposed modification, the court will consider their objections as part of the judicial review and may require additional evidence or hearings to resolve contested issues. Objecting parties can present declarations and legal arguments explaining why the proposed change would be improper, prejudicial, or inconsistent with the trust’s terms. The court’s job is to weigh competing positions and determine whether the requested modification is appropriate under the circumstances and the law. When objections arise, settlement discussions or mediation can sometimes resolve disputes without a protracted hearing. If litigation continues, careful preparation, factual development, and persuasive presentation at hearing become critical. Courts often favor solutions that honor the grantor’s intent while protecting beneficiaries’ legal rights, so presenting a well-documented petition and addressing objections proactively improves the likelihood of a workable resolution.
Alternatives to petitioning the court include amendments or restatements executed by the grantor if they retain authority under the trust, and decanting where law and the trust instrument permit transferring assets to a new trust with different terms. Unanimous beneficiary consent can sometimes enable changes without judicial involvement when the parties agree. These nonjudicial options are often faster and less expensive but require the necessary authority under the trust instrument or state statute. When nonjudicial alternatives are available, it remains important to document consents and follow required formalities to avoid future disputes. If beneficiaries disagree or the trust lacks authority for nonjudicial changes, a judicial petition provides a definitive, enforceable resolution that third parties will accept when implementing trust administration tasks.
To get started with a trust modification petition in Fallbrook, assemble a copy of the trust document, any amendments, and relevant supporting records. Make a list of beneficiaries, trustees, and other interested parties. Schedule an initial consultation to review the facts, discuss goals, and evaluate whether nonjudicial options are feasible or whether a petition is advisable. Preparing documentation in advance helps the attorney assess the situation and outline next steps efficiently. During the initial review, expect guidance on notice obligations, potential timelines, and likely evidence needed to support a petition. If moving forward, the next steps typically include drafting the petition, gathering declarations, and preparing a proposed order. Early coordination with trustees and beneficiaries can sometimes simplify the process and reduce the likelihood of contested proceedings.
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