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Pet Trust Planning in Pasatiempo, CA

Complete Guide to Pet Trusts for Pasatiempo Pet Owners

Planning for a beloved pet’s future is a meaningful part of a comprehensive estate plan. A pet trust lets you name a caregiver, allocate funds for ongoing care, and set instructions for your pet’s daily needs, medical care, and living arrangements. Residents of Pasatiempo and Santa Cruz County who own companion animals can use a pet trust to reduce uncertainty and ease the transition if they become incapacitated or pass away. This guide explains how a pet trust works, common features people include, and practical considerations when deciding what to leave for your animal companion.

A pet trust is flexible and can be tailored to the temperament and specific needs of dogs, cats, birds, or other companion animals. Typical pet trust provisions cover who will care for your pet, how funds are disbursed, and instructions for veterinary treatment and routine care. Creating a clear plan helps avoid disputes among loved ones and ensures your pet continues to receive the standard of care you prefer. For Pasatiempo pet owners, having these directions in writing provides peace of mind and legal support to carry out your wishes.

Why a Pet Trust Matters for Pet Owners

A pet trust safeguards your animal companion’s welfare and finances when you cannot be there. It establishes a legal mechanism for naming a caregiver and trustee, allocating money for care, and setting clear instructions for daily routines and medical treatment. In Pasatiempo, where pets are cherished family members, a pet trust prevents uncertainty about long-term care, reduces the likelihood of family disagreements, and helps ensure continuity after an unexpected illness or death. It also clarifies how funds should be used and provides a legally enforceable structure to follow your wishes.

About Our Firm and Approach to Pet Trusts

Law Offices of Robert P. Bergman offers estate planning services to individuals and families across Santa Cruz County and the surrounding region. Our approach focuses on listening to your priorities for your pet and translating them into simple, enforceable trust provisions. We help clients weigh caregiver options, funding methods, and practical instructions so your pet’s routine and medical needs are respected. Clients in Pasatiempo rely on clear, compassionate planning that protects pets while fitting into an overall estate plan including wills, living trusts, and related documents.

Understanding How Pet Trusts Work in California

A pet trust is a legal tool that sets aside funds and directions for the care of your pet. In California, pet trusts can be standalone trusts or provisions within a living trust or will. The document names a trustee to manage funds and a caregiver to provide day-to-day care, and it can specify how and when funds are distributed for food, grooming, veterinary care, boarding, and other necessities. Clear instructions reduce ambiguity and make it easier for caregivers and trustees to follow your intentions.

When creating a pet trust, consider the length of care, the types of expenses to cover, and fallback plans if the chosen caregiver cannot continue. Funding options include direct trust funding, designating assets to the trust, or directing payment from the residue of your estate. It’s also important to identify a successor trustee and alternate caregivers, and to include reasonable instructions for the welfare and quality of life you want for your animal companion.

What a Pet Trust Actually Does

A pet trust is a binding arrangement that holds assets for the benefit of your pet and names a trustee to manage those assets on behalf of the caregiver you choose. The trust sets out the caregiver’s responsibilities, permissible uses of trust funds, and directions for healthcare and living conditions. This legal mechanism gives a caregiver the resources to meet your pet’s needs without relying solely on family goodwill, while also providing a framework that can be enforced if the trustee fails to follow the trust’s terms.

Key Elements and Administration of a Pet Trust

Core elements of a pet trust include naming the pet, appointing a caregiver and trustee, specifying the amount and use of funds, and outlining care instructions. The trustee’s duties often include disbursing funds, keeping records, and ensuring the caregiver follows the trust’s directives. The trust should also name successor caregivers and trustees, explain what happens if the pet dies, and address contingencies like relocation. Proper administration helps guarantee that the resources and instructions you provide are used as intended over the pet’s lifetime.

Glossary of Pet Trust Terms

Understanding key terms can make pet trust planning clearer. Common phrases include trustee, caregiver, beneficiary pet, funding, successor caregiver, and distribution schedule. Each term describes a role or mechanism within the trust that affects how decisions are made and how funds are used. Familiarity with these definitions helps you draft precise instructions, select appropriate people for roles, and minimize misunderstandings after incapacity or death. This knowledge empowers you to craft a trust that reflects your priorities for your animal companion.

Trustee

The trustee is the person or entity responsible for managing trust assets and making payments according to the trust document. Their role focuses on financial stewardship: investing trust funds prudently, tracking expenses, and disbursing money for the pet’s care in line with your instructions. Trustees must act in good faith and follow the trust’s terms, coordinating with the named caregiver to ensure that funds are used only for allowable costs like food, veterinary care, grooming, and boarding.

Caregiver

The caregiver is the individual who will provide everyday care and companionship for your pet. This person handles feeding, exercise, routine veterinary visits, and the animal’s living arrangements. The trust should clearly identify the caregiver and describe responsibilities and permissible actions, such as seeking emergency medical care or choosing suitable housing. Naming backup caregivers ensures continuity of care if the primary caregiver cannot fulfill their role.

Funding

Funding refers to how money or assets are allocated to the pet trust to provide for your pet’s needs. Funding methods include transferring cash, securities, or other assets into the trust, directing a portion of the residue of your estate to the trust, or naming the trust as a beneficiary of certain accounts. Proper funding ensures the trustee has sufficient resources to follow your instructions without depleting funds prematurely or creating disputes among survivors.

Successor Provisions

Successor provisions name alternate caregivers and trustees if the initially chosen individuals are unable or unwilling to serve. These provisions help avoid gaps in care and administration and outline priorities for replacement decisions. Including clear successor instructions reduces delays and confusion and helps ensure the pet’s care continues smoothly, preserving the intent of your original plan even if circumstances change after the trust is created.

Comparing Pet Trusts with Other Options

Pet owners can choose among a pet trust, making informal arrangements with family or friends, or leaving directions in a will. Informal plans can be well-intentioned but lack enforceability and dedicated funding. A pet trust offers a legally enforceable means of protecting funds and naming a responsible caregiver, whereas a will can name a caregiver but may require probate and offer less immediate funding. Understanding the benefits and limitations of each option helps you select the path that best protects your animal and your intentions.

When a Simple Plan May Be Enough:

Minimal Funding Needs

A limited approach may be appropriate when your pet’s needs are modest and you have a trusted friend or family member willing to assume care without a formal trust. If anticipated expenses are small and the caregiver is financially able to absorb occasional costs, clear written instructions and a beneficiary designation might suffice. However, even modest plans benefit from documentation outlining the caregiver’s responsibilities and your preferences for routine and medical care to reduce ambiguity and ease the transition when circumstances change.

Strong Informal Agreements

When relationships are stable and the designated caregiver agrees to take on long-term responsibility, a simple written letter or will provision might work. This approach relies on trust and strong family communication rather than separate trust funding. It is important to document expectations for care, emergency medical decisions, and financial arrangements so the caregiver understands your wishes. Even where a full trust is unnecessary, clear written guidance helps prevent misunderstanding and ensures your pet continues to receive the care you prefer.

Why a Formal Pet Trust Is Often Recommended:

Ensuring Fund Availability

A comprehensive pet trust ensures that money is legally set aside and accessible for your pet’s ongoing care. Unlike informal arrangements, a trust can protect assets for the pet’s benefit and provide a trustee to manage disbursements. This structure reduces the risk that funds will be used for unrelated estate expenses and gives caregivers confidence that resources exist for anticipated veterinary care, boarding, or special diets. Clear financial provisions also reduce potential disputes among heirs.

Providing Enforceable Instructions

A formal trust creates enforceable obligations for trustees and sets clear expectations for caregivers. This enforcement mechanism helps ensure that your instructions are followed even if disagreements arise. Detailed provisions can cover medical care limits, end-of-life decisions, and standards of living for your pet, making your wishes legally actionable. For owners who want certainty that their animal will receive consistent care, a comprehensive trust offers legal tools that informal arrangements cannot match.

Benefits of Choosing a Pet Trust

Adopting a comprehensive pet trust brings stability and predictability to your pet’s future. It provides a clear funding mechanism, names responsible parties for financial and daily care, and sets terms for medical decisions and quality of life. This level of planning helps avoid confusion among family members and reduces the administrative burden on the caregiver. A trust can also include oversight provisions to ensure funds are used for the pet’s benefit and to allow the trustee to adjust spending as needs change over time.

In addition to financial safeguards, a comprehensive plan formalizes your wishes and provides legal remedies if the trust’s terms are not followed. Such a plan can allocate resources for the length of your pet’s expected life, include contingencies for relocation or long-term care, and name successors to maintain continuity. These benefits make the pet trust a practical choice for owners who want to guarantee their animal companion receives consistent, long-term care in line with their values and preferences.

Financial Security for Your Pet

One major benefit of a comprehensive approach is financial security: the trust ensures funds are available and dedicated to your pet’s care. This prevents confusion over responsibility for veterinary bills and ongoing expenses. A properly funded trust provides predictable disbursements and guidelines for the trustee and caregiver, so your pet’s regular needs and unexpected medical costs can be addressed promptly. Ensuring a financial plan helps maintain your pet’s standard of care throughout its lifetime.

Peace of Mind for Owners and Caregivers

A comprehensive pet trust offers peace of mind by clearly communicating your wishes and providing resources to carry them out. Knowing that funds and instructions are in place alleviates stress for both owners and caregivers, who can focus on the pet’s wellbeing rather than finances or family disputes. This clarity reduces uncertainty, supports timely medical decisions, and helps maintain the animal’s routine and quality of life, allowing caregivers to act confidently in the pet’s best interest.

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Practical Tips for Drafting a Pet Trust

Choose Reliable Caregivers and Trustees

Selecting the right caregiver and trustee is one of the most important steps when creating a pet trust. Look for people who understand your pet’s routine, temperament, and medical needs, and confirm they are willing to take on long-term responsibility. Consider naming alternates in case the primary choices cannot serve. Communication with chosen parties helps avoid surprises and ensures everyone understands expectations for daily care, emergency medical decisions, and financial arrangements. Clear communication reduces the chance of disputes or unintended outcomes.

Be Specific About Care Instructions

Provide detailed, practical instructions for your pet’s daily care when you draft the trust. Include diet preferences, exercise routines, favorite toys, typical veterinary clinics, and any behavioral notes that help a new caregiver maintain continuity. Also describe limits on medical interventions and acceptable quality-of-life standards so that caregivers and trustees can make decisions aligned with your wishes. Specific instructions make it easier for others to provide consistent care and follow your intent during stressful moments.

Plan Realistic Funding and Oversight

Estimate realistic costs for routine care and potential medical expenses when funding the trust. Discuss how funds will be disbursed to the caregiver and consider requiring periodic accounting by the trustee to promote transparency. Naming a trustee who understands fiduciary responsibilities and setting reasonable safeguards, like receipts or periodic reporting, helps ensure funds are used appropriately. Clear funding mechanisms and oversight protect the pet and provide peace of mind that resources will be available throughout the animal’s life.

Reasons Pasatiempo Owners Should Consider a Pet Trust

Pet trusts are especially valuable when pets are a core part of the family and owners want to ensure continuity of care. Creating a trust prevents confusion about who will care for the animal and provides dedicated funds for daily needs and veterinary care. It protects your pet’s welfare and reduces the administrative burden on loved ones during difficult times. For Pasatiempo residents, a trust can reflect local preferences for daily routines, preferred veterinarians, and living arrangements that best suit your pet’s needs.

A trust also helps avoid disputes and provides legal backing for carrying out your wishes. Naming alternate caregivers and trustees, specifying funding levels, and providing clear medical directives reduce ambiguity and promote timely care. A well-drafted trust can respond to changes like relocation, medical emergencies, or a caregiver’s inability to continue, ensuring your pet’s wellbeing remains the priority. This level of planning is beneficial for anyone who wants to protect their animal companion’s future.

Common Situations Where a Pet Trust Is Helpful

Pet trusts are useful in many circumstances, including unexpected illness or incapacity, death, long-term travel, or when family members disagree about care. They are also helpful for owners with pets that require ongoing medical treatment or special diets, and for those who want to provide funds specifically for pet care rather than leaving instructions in a will alone. A trust provides continuity and clarity in transitions that might otherwise place pets at risk of inconsistent care or financial shortfalls.

Owner Incapacity or Hospitalization

If an owner becomes incapacitated or hospitalized, a pet trust directs caregivers and trustees on how to provide immediate and ongoing care. It allows a trustee to access funds to cover boarding, in-home care, or veterinary appointments while the owner recovers. Including contingency plans for temporary care or long-term placement ensures the pet’s needs are met without delay and prevents uncertainty among family and friends during medical emergencies.

Owner Death

When an owner dies, a pet trust ensures that a caregiver is named and funds are available to support the pet’s continued care. A trust clarifies how funds should be used, who will be responsible for day-to-day care, and what standards of living the pet should have moving forward. This avoids leaving care decisions solely to probate or family discussions and provides a roadmap for timely and appropriate placement of the animal with minimal stress.

Pets with Special Care Needs

Pets with chronic health conditions, behavioral needs, or medications require consistent attention and funding. A pet trust allows you to set aside resources specifically for these needs so caregivers have the support required to follow treatment plans and maintain quality of life. Detailed care instructions and funding provisions help ensure that behavioral therapies, routine medications, and frequent veterinary visits continue uninterrupted, preserving the comfort and wellbeing of the pet.

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Serving Pet Owners in Pasatiempo and Santa Cruz County

Law Offices of Robert P. Bergman serves Pasatiempo, Santa Cruz County, and nearby communities with practical estate planning services, including pet trusts. We work with clients to document caregiver arrangements, funding plans, and medical directives that reflect each owner’s goals and the unique needs of their pets. Our approach is client-centered: we listen to your concerns, help identify realistic funding sources, and draft provisions that make transitions easier for caregivers and pets alike. Contact our office to discuss options tailored to your situation.

Why Choose Our Firm for Pet Trust Planning

Choosing the right legal partner for pet trust planning means partnering with a firm that prioritizes clear, enforceable documents and practical solutions. We help clients create pet trusts that are straightforward to administer, cover typical and unexpected expenses, and reflect realistic care instructions. Our team takes time to understand your pet’s routines and health needs and to identify caregivers and trustees who can follow those directions, reducing friction during transitions and protecting your pet’s welfare.

We assist in evaluating funding strategies that fit each client’s estate and recommending accounting provisions that provide transparency without undue burden on caregivers. Drafting precise trust terms and backup plans is an important part of preventing disputes and ensuring that funds are used as intended. By coordinating pet trust provisions with other estate documents, we help maintain consistency across your overall legacy plan so your animal companion is protected alongside other beneficiaries.

Our goal is to make the process as clear and manageable as possible, guiding you through choices about caregivers, trustees, funding, and care instructions. We explain legal options in plain language and prepare documents that are practical to implement. For Pasatiempo pet owners who want durable, reliable arrangements, we provide support that helps transform your wishes into effective legal directions for your pet’s future care.

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How We Handle Pet Trust Planning

Our process begins with a conversation to understand your pet’s needs, your preferred caregiver choices, and how you wish to fund care. We review existing estate documents to coordinate the pet trust with your overall plan, identify sensible funding sources, and draft a trust tailored to your instructions. After drafting, we review the document with you, explain trustee and caregiver responsibilities, and suggest practical administrative steps to ensure smooth implementation. We also discuss successor arrangements and periodic reviews to keep the plan current.

Step One: Initial Consultation and Information Gathering

During the initial consultation we gather details about your pet’s daily routine, health history, and preferred caregivers. We discuss financial resources, expected ongoing costs, and any special medical or behavioral needs. This stage includes assessing how the pet trust will fit into your broader estate plan and identifying suitable trustees and successor caregivers. Collecting this information early allows us to draft a trust that is realistic, enforceable, and aligned with your priorities for the animal’s welfare.

Discussing Pet Needs and Care Preferences

We will ask about diet, exercise, veterinary contacts, medications, and any routines that contribute to your pet’s wellbeing. Sharing this information helps create a trust that preserves familiar aspects of care and communicates important practical details to the caregiver. Including specifics reduces stress for the pet and supports a smooth transition if a new caregiver becomes responsible. Detailed care preferences also guide trustee disbursements for supplies, grooming, and other necessities.

Reviewing Financial Resources and Funding Options

We will review available assets that can fund the pet trust and discuss the pros and cons of different funding methods. Options include transferring assets directly to the trust, designating a portion of your estate as the trust’s funding source, or naming the trust as a beneficiary of certain accounts. We help estimate reasonable funding amounts for routine care and potential medical needs, ensuring funds are appropriate for the expected lifespan and costs associated with your pet.

Step Two: Drafting the Pet Trust Documents

After gathering necessary information, we draft the trust document with clear provisions that name the pet, caregiver, trustee, and successor parties. The draft addresses funding, permissible uses of funds, records and reporting requirements, and instructions for medical and end-of-life decisions. We aim for practical language that caregivers and trustees can follow easily while maintaining legally enforceable terms. The draft is then reviewed together to confirm it reflects your intentions and that any clarifying amendments are made.

Creating Clear and Enforceable Terms

The trust language is written to remove ambiguity about how funds should be used and who is responsible for decisions. We include provisions for required receipts, periodic accounting, and reasonable limits on expenditures to balance oversight with caregiver flexibility. Describing acceptable medical interventions and quality-of-life standards gives practical guidance for veterinary decision-making. Well-crafted terms reduce the chance of misunderstandings and make it straightforward for trustees to fulfill their duties.

Coordinating with Other Estate Documents

We coordinate the pet trust with your will, living trust, powers of attorney, and medical directives to ensure consistency across your full estate plan. This step helps avoid conflicts between documents and confirms whether assets are properly titled or designated to fund the trust. Coordination also clarifies when trustees may access funds, how estate residue is allocated, and how overlapping instructions should be handled to implement your overall intentions smoothly.

Step Three: Execution and Implementation

Once the trust is finalized, we guide you through proper execution, funding, and communication with the chosen caregiver and trustee. Properly transferring assets, updating beneficiary designations if needed, and providing copies of the trust to relevant parties help prevent delays. We also recommend documenting key contacts, veterinary information, and daily routines to accompany the trust. Finally, we suggest periodic reviews to update the document as circumstances or pet needs change over time.

Funding the Trust and Updating Records

Funding the trust promptly ensures resources are available when needed. This may involve retitling accounts, transferring cash or securities, or designating the trust as a beneficiary. We assist in identifying the best approach based on your estate composition and coordinating required transfers. Keeping clear records of funding transactions and providing copies of the trust to the caregiver and trustee ensures everyone knows where to turn for resources and what steps to follow to access funds for care.

Communicating with Caregivers and Trustees

Clear communication with chosen caregivers and trustees is key to a successful plan. We recommend discussing expectations, providing written care instructions, and confirming each person understands their duties. Sharing emergency contacts, veterinary information, and locations of the trust documents reduces confusion should an unexpected situation arise. Open dialogue between the owner, caregiver, and trustee promotes cooperation and helps ensure the pet receives consistent, compassionate care in line with your stated preferences.

Frequently Asked Questions About Pet Trusts

What is a pet trust and how does it protect my pet?

A pet trust is a legal arrangement that sets aside funds and instructions to provide for the ongoing care of a companion animal. It names a trustee to manage assets and a caregiver to handle daily needs, and it can specify how disbursements are made for food, veterinary care, grooming, and boarding. The trust creates a legally enforceable obligation for the trustee to use trust funds in accordance with the owner’s stated wishes, which helps prevent misallocation of resources and clarifies responsibilities for care. By documenting your preferences and funding sources, a pet trust reduces uncertainty and supports continuity of care if you become incapacitated or pass away. Clear instructions for medical care, housing, and emergencies make it easier for caregivers to act consistently with your wishes. Including successor caregivers and trustees ensures the plan remains effective if the initially named parties are unable to serve, protecting your pet through changing circumstances.

Choosing a caregiver and trustee requires practical considerations about availability, willingness, and trustworthiness. The caregiver should be someone who understands your pet’s routine and temperament and is willing to provide daily care long-term. The trustee should be comfortable managing funds, keeping records, and disbursing payments according to the trust’s terms; this role can be a trusted friend, family member, or a professional fiduciary if needed. It is helpful to discuss your intentions with both parties before naming them, and to name alternates in the trust document. Confirming their willingness and outlining expectations in writing reduces surprises and ensures continuity of care. Clear communication helps the caregiver and trustee work together smoothly to support your pet’s welfare.

Estimating how much to leave in a pet trust depends on your pet’s anticipated needs and lifespan. Consider routine costs like food, grooming, and preventive veterinary care as well as potential unexpected expenses such as surgeries or chronic medical treatments. Research typical local costs for veterinary care and boarding in Pasatiempo and Santa Cruz County to build a realistic budget, and include a contingency buffer for emergencies. We recommend documenting projected annual costs and multiplying by the pet’s expected remaining years, then adjusting for inflation and unusual medical needs. It is important to balance reasonable funding with oversight provisions, such as requiring the trustee to provide periodic accounting, so funds are available when needed and used responsibly without excessive accumulation.

Yes, a pet trust can include instructions about veterinary medical decisions and end-of-life care, provided the directions are clearly stated. These provisions can guide caregivers and veterinarians on acceptable treatments, pain management, and criteria for humane euthanasia. By setting these preferences in advance, you reduce the burden on caregivers faced with difficult decisions and ensure choices align with your values and the animal’s welfare. When drafting medical directives, be specific about reasonable boundaries and circumstances under which certain interventions should or should not be pursued. Including contact information for your regular veterinarian and authorizing the caregiver to make emergency medical decisions helps ensure timely care and clarity during stressful situations.

A well-drafted pet trust names successor caregivers and trustees to avoid gaps in care if the primary caregiver cannot continue. Successor provisions should specify the order of preference and any conditions for selecting an alternate, which helps prevent disputes and delays. Including a clear sequence reduces uncertainty and provides a roadmap for those responsible for carrying out your wishes. It is also prudent to discuss contingency plans with potential alternates so they understand expectations and are prepared to step in if needed. Regularly updating the trust to reflect changes in relationships or circumstances ensures successor provisions remain practical and reliable over time.

You can include multiple pets in the same trust, and the trust can specify how funds should be divided among them and how care responsibilities are allocated. When multiple animals are involved, the trust should address their individual routines, dietary needs, and medical requirements to ensure each pet’s welfare is protected. Clear instructions about how funds are apportioned will help trustees manage resources fairly and consistently. If pets have very different needs or incompatible living arrangements, you may consider separate trusts or detailed provisions that address those differences. Discussing these specifics during drafting helps prevent conflicts and ensures each animal receives the attention and resources it requires.

Funding a pet trust should be coordinated with your overall estate plan so that assets are properly allocated without unintended conflicts. Options include dedicating a portion of the residue of your estate, transferring assets directly into the trust during your lifetime, or naming the trust as a beneficiary of certain accounts. The chosen method affects when and how funds become available to the trustee and may have tax or administrative implications. Coordinating with wills, living trusts, and beneficiary designations prevents overlap and ensures the pet trust receives the intended funding. Reviewing titling and beneficiary designations helps confirm the trust will function as intended without requiring probate or additional court involvement for access to funds.

A pet trust can help avoid probate for the assets that are properly funded into the trust during your lifetime. Assets held in a living trust are not typically subject to probate, allowing the trustee to manage disbursements without court supervision. If the trust is funded after death through probate distributions, then those funds may be subject to probate procedures before the trustee can access them. To minimize probate involvement, it is generally advisable to fund the pet trust during life through retitling accounts or beneficiary designations where appropriate. This approach helps ensure timely access to resources for your pet and reduces administrative delays that can affect continuity of care.

Changing a pet trust depends on whether it is revocable or irrevocable. Many owners choose revocable trusts because they can be amended as circumstances change, such as naming new caregivers, adjusting funding, or updating care instructions. If your trust is revocable, you may revise it by following the amendment procedures set out in the document and executing any required revisions with proper formalities. If a trust is irrevocable, changes may be more complicated and could require court approval or agreement among interested parties. Regularly reviewing your estate plan and revising a revocable trust as life changes occur helps ensure the trust remains aligned with your current preferences and relationships.

Yes, pet trusts are recognized and enforceable in California and are commonly used to provide for companion animals. California law permits trusts for the care of animals and allows owners to set aside reasonable amounts for an animal’s care for the duration of its life. Courts can enforce the trustee’s obligations and ensure funds are used for the pet’s benefit according to the trust terms. To ensure enforceability, the trust should be written with clear, specific language about the pet, caregiver, trustee duties, funding, and any oversight or accounting requirements. Well-drafted documents that follow state requirements reduce ambiguity and provide a practical framework for implementing your wishes.

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