A Heggstad Petition is a legal action used in California when property fails to transfer to a trust as intended, often because it was not properly retitled. If you are in Sea Ranch or elsewhere in Sonoma County and discover that assets meant for a trust remain in a decedent’s name or under a different title, pursuing a Heggstad Petition can correct the record and carry out the decedent’s estate plan. This guide explains why a petition may be needed, how the process typically unfolds in local courts, and what documents and evidence help establish that the decedent intended the asset to belong to the trust.
The Law Offices of Robert P. Bergman assists people across California with trust administration matters, including petitions to confirm trust ownership when transfers are incomplete. For residents of Sea Ranch, the petition process can resolve disputes and clarify title so beneficiaries receive assets as the trustcreator intended. Preparing a thorough case involves gathering the trust instrument, transfer documents, correspondence, and any other evidence of intent. Timely action matters because delays can complicate probate and create competing claims. This overview prepares you to understand next steps and what to expect from the legal process in Sonoma County.
Filing a Heggstad Petition helps ensure that property is distributed according to the decedent’s trust, preventing unintended probate and avoiding prolonged disputes among heirs and beneficiaries. A successful petition clarifies title, allowing trustees to manage or distribute assets without barriers created by incorrect ownership records. This process also provides a court order that reduces the risk of later challenges, gives purchasers or financial institutions confidence in the trustee’s authority, and streamlines settlement of the trust’s affairs. In many cases, resolving title issues through a petition preserves the intent of the estate plan and reduces the time and cost associated with unresolved ownership questions.
The Law Offices of Robert P. Bergman provides estate planning and trust administration services to clients across California, with attention to practical solutions for title problems and trust enforcement. Our firm handles matters such as Heggstad Petitions, trust modifications, and related filings in Sonoma County and neighboring jurisdictions. We focus on careful document review, obtaining supporting evidence of the trustmaker’s intent, and clear communication with trustees, beneficiaries, and financial institutions. Clients receive guidance tailored to the particular facts of their case, including which trust instruments and records will be needed to support a petition and how the local courts typically evaluate these requests.
A Heggstad Petition is used when a decedent’s property did not properly transfer into their trust before death, often due to oversight or clerical errors. The petition asks a probate or superior court to recognize that the decedent intended the asset to be part of the trust and to order transfer or confirmation of title to the trustee. Typical examples include real estate left to a trust but titled in the decedent’s name, bank accounts not retitled, or deeds that were not recorded. The process requires evidence of intent, such as the trust document, related transfer documents, beneficiary designations, correspondence, or other records indicating the trustmaker’s plan for the asset.
Not all title issues require a Heggstad Petition; sometimes corrective deeds, affidavits, or administrative procedures at financial institutions can accomplish the transfer. However, when a third party contests ownership or where clear legal recognition is needed for sale or distribution, the petition is the formal route to secure a court order. The petition is filed in the county where the asset is located or where the trust administration takes place, and the court reviews the evidence and hears any objections. If successful, the court can enter an order that confirms trust ownership and directs record changes to reflect the trustee as owner.
A Heggstad Petition asks the court to recognize that property should have belonged to a trust at the time of the decedent’s death, despite not being properly retitled. The petition derives its name from a California case addressing circumstances where trust assets were not formally transferred. The goal of the petition is to align public records with the decedent’s intent and the written trust instrument, enabling trustees to manage, sell, or distribute the asset without further dispute. The court considers documentary evidence and testimony about intent, and it issues an order that formalizes ownership for recordkeeping and transactional purposes.
To support a Heggstad Petition, the petition must present convincing evidence that the decedent intended the asset to be part of the trust. This typically includes the trust instrument, any deeds or transfer documents, account beneficiary or title information, and communications that demonstrate intent. Witness declarations or testimony from the trustee, attorney, or others familiar with the trustmaker’s plan are often helpful. The petition should also explain how the title error occurred and outline the relief requested, such as entry of an order confirming trust ownership and directing county recorder changes. Complete, well-organized documentation improves the likelihood of a favorable ruling.
Understanding common terms clarifies the petition process and helps beneficiaries and trustees navigate the steps involved. Terms like trust instrument, trustee, beneficiary, deed, title, and order to confirm title appear frequently in filings and court orders. Knowing what each term means and how it relates to proof of intent can make it easier to gather the right documents and statements. This glossary provides straightforward definitions and context to assist in preparing a petition and responding to inquiries from the court, title companies, or financial institutions involved in completing the transfer.
A trust instrument is the written document that creates the trust and sets out the trustmaker’s instructions for management and distribution of assets. It names the trustee, beneficiaries, and details how assets should be handled both during the trustmaker’s life and after death. For a Heggstad Petition, the trust instrument is often the primary evidence of intent to place specific assets in the trust. Courts compare the trust provisions against the title records and other documentation to determine whether a particular asset was meant to be included under the trust’s terms.
An order confirming title is a court document directing that property be recognized as belonging to the trust and instructing relevant recordkeeping authorities to reflect the trustee as the owner. Once entered, this order enables the trustee to sell, transfer, or manage the asset with clear legal authority. Title companies, county recorders, and financial institutions typically rely on such an order when updating records or completing transactions. The order reduces the likelihood of future disputes by providing a formal judicial determination of ownership that aligns public records with the trustmaker’s intent.
A trustee is the person or entity charged with managing trust assets according to the trust document’s terms. The trustee has fiduciary duties to beneficiaries, including duty of loyalty and duty to administer the trust prudently. In a Heggstad Petition, the trustee often brings the petition seeking judicial recognition that an asset belongs to the trust so the trustee can carry out the trustmaker’s instructions. Accurate identification of the trustee in the petition and supporting documents helps the court evaluate authority and ensures that any resulting court order directs the correct party to hold or transfer the asset.
A deed or transfer document is the instrument used to convey real property from one party to another, and it is central in cases where real estate was intended to be owned by a trust. When a deed was not executed, recorded, or properly titled, the public records may show ownership inconsistent with the trust’s terms. Supporting deeds, escrow instructions, or drafts can serve as evidence in a Heggstad Petition to show intent to transfer the property into the trust. Clear documentation of transfer attempts and related communications strengthens the petition’s case for judicial correction of title.
When property intended for a trust remains untitled, there are several potential remedies depending on the facts. Administrative fixes, such as completing corrective deeds, contacting financial institutions with trust documents, or filing affidavits of trust, may resolve many issues without court involvement. However, when institutions decline to accept the paperwork, when third parties dispute ownership, or when a clear public record change is required, a Heggstad Petition is the formal legal route to secure a judicial declaration. Each approach has tradeoffs related to time, cost, evidentiary standards, and finality, so choosing the right path depends on the asset, the parties involved, and the potential for conflict.
Some title discrepancies can be resolved by providing the trustee’s identification, a copy of the trust instrument, and an affidavit to the bank or county recorder. Financial institutions and title companies often have procedures that allow a trustee to retitle accounts or property when documentation is clear and uncontested. When there are no competing claims and the institution accepts the paperwork, a Heggstad Petition may not be necessary. Taking this administrative route can save time and reduce legal costs, provided the institution is willing to make the record change based on presented documents and the evidence of intent is straightforward.
If the trust instrument and transfer documents clearly show the asset was meant to be in the trust, and no one contests the ownership, a direct recording of a corrective deed or transfer affidavit may be effective. This approach works well when heirs and beneficiaries are in agreement and there are no legal obstacles or creditor claims that require court oversight. It is important to gather robust documentation and communicate with relevant parties to ensure acceptance of the corrected record and to prevent future disputes about the intended ownership of the asset.
When beneficiaries, heirs, or third parties dispute ownership, or when a title company refuses to close a transaction because the public record does not reflect trust ownership, resorting to the court through a Heggstad Petition can provide a definitive resolution. The court evaluates the totality of evidence and issues an enforceable order resolving the conflict. This formal route protects trustees and beneficiaries by creating a judicially backed title that third parties are more likely to accept, and it is often the most reliable way to remove clouded title that threatens sale or transfer of the asset.
For real estate or other high-value assets, lenders, buyers, and title insurers commonly require clear records that reflect the trust as the owner. Where simple administrative fixes are insufficient or where the risk of future challenges is significant, a court order confirming trust ownership offers a higher level of certainty. Pursuing a Heggstad Petition in these circumstances reduces transactional risk and helps ensure trustees can sell or leverage assets without lingering title problems that could delay closings or create liabilities during the trust administration process.
A comprehensive approach that includes careful evidence gathering and, when necessary, a Heggstad Petition yields a formal court order that clarifies ownership and supports trust administration. This approach tends to minimize future disputes and provides documentation that is persuasive to title companies and financial institutions. A decisive judicial ruling can be especially valuable when multiple parties have interests in the asset or when the asset is part of a larger estate settlement. By pursuing a thorough resolution, trustees protect beneficiaries’ interests and create a smoother path to asset distribution and closure of the trust.
Resolving title problems through the courts also preserves transactional options for trustees who must sell or refinance trust property. Lenders and buyers are more likely to proceed when an order confirms the trustee’s authority and ownership. Additionally, a court order can limit later challenges by creating a public record of the judicial decision, reducing the risk that disputes will derail future deals. While litigation involves time and cost, the certainty provided often outweighs those factors when the value of the asset or the complexity of claims warrants it.
Obtaining a court order confirming title decreases risk for parties who need to rely on ownership records, such as buyers, lenders, and title insurers. This clarity facilitates sales, refinancing, and distribution of trust property without the delays that arise from unresolved ownership issues. By documenting the trustmaker’s intent and establishing legal recognition of trust ownership, stakeholders gain confidence that transactions will not be undone by later claims. For trustees, this protection supports prudent administration and helps ensure that the trust’s assets are handled according to the settlor’s wishes.
A judicial determination provides beneficiaries and trustees with finality, reducing the likelihood of prolonged disputes and litigation down the road. Knowing that a court has reviewed the evidence and entered an order reassures beneficiaries that assets will be distributed as intended. This legal certainty can ease family tensions and allow the trustee to focus on managing and distributing trust assets responsibly. Ultimately, the clarity and finality offered by a court order help protect the integrity of the estate plan and reduce uncertainty during the administration process.
Begin by collecting the original trust instrument and any amendments, deeds, account statements, beneficiary designations, escrow records, and correspondence that reference the asset and the trust. Evidence may include drafts of deeds, emails or letters indicating the trustmaker’s intent, and statements from the trustee or attorney involved in the planning. Organizing documents chronologically and highlighting portions of the trust that refer to the asset speeds review and helps the court understand the history. Well-prepared documentation reduces the chance of delay and strengthens the petition by showing a consistent plan to include the property in the trust.
Anticipate questions from title companies, financial institutions, or heirs by preparing supplemental records such as tax bills, escrow communications, or mortgage documents that show the asset’s intended placement in the trust. Understand that some title companies require specific language or a recorded court order before they will insure a transaction. Work proactively to identify likely objections and gather evidence to address them. Consulting with counsel about common hurdles in Sonoma County helps streamline the process and increases the chance that the petition will result in an order the title company and other stakeholders will accept.
If you discover assets that were meant to be in a trust but remain titled elsewhere, a Heggstad Petition can align public records with the trustmaker’s intentions and allow the trustee to manage those assets lawfully. This remedy matters when the asset’s title prevents sale, refinancing, or distribution, or when financial institutions refuse to retitle accounts without a court order. Pursuing a petition also helps prevent future challenges by creating a judicial record that supports the trustee’s authority. The decision to file depends on the asset’s value, whether parties dispute ownership, and the willingness of third parties to accept corrective documentation.
Choosing to file a Heggstad Petition may also be appropriate when immediate clarity is needed to close a real estate sale or settle estate matters efficiently. Even when administrative remedies are available, obtaining a court order can offer greater certainty and reduce the chance of later litigation. Trustees and beneficiaries should weigh potential costs and timelines against the benefits of finality. In many cases, the relative expense of a petition is justified by the increased ability to complete transactions and distribute trust assets in accordance with the trustmaker’s plan.
Typical circumstances include deeds that were not recorded, bank or investment accounts not retitled into the trust, real estate mistakenly left in the decedent’s name, or transfers that were attempted but never completed. Additionally, when marital property or jointly held assets do not reflect the trust arrangement, a petition may be necessary to correct ownership. Discrepancies often arise from administrative oversight, timing issues at a transfer closing, or mistakes by professionals or institutions. Recognizing these common scenarios helps trustees act promptly to preserve evidence and pursue the appropriate remedy.
An unrecorded or incomplete deed is a frequent trigger for a Heggstad Petition, particularly when the trustmaker believed the property had been transferred but the county recorder shows a different owner. Such situations occur when a deed was prepared but never submitted, when recording fees or signatures were overlooked, or when a draft was never finalized. The petition seeks a judicial finding that the decedent intended the deed to transfer the property into the trust, allowing the county to update its records and enabling the trustee to handle the property consistent with the trust’s terms.
Accounts intended to be owned by a trust sometimes remain in the decedent’s name because financial institutions require specific procedures to retitle accounts. If institutions refuse to accept the trust documents or if beneficiary designations conflict, a Heggstad Petition can establish the trust’s claim to the account. Evidence such as account statements, beneficiary forms, and communications with the institution can help show intent to include the account in the trust. A court order then enables the trustee to control or distribute the account as the trust instrument directs.
Transfers that fail at closing or in escrow sometimes leave property titled contrary to the trustmaker’s plan. This can result from misunderstandings during the closing process, errors in drafting transfer documents, or timing issues related to the trustmaker’s health or death. When a closing fails to effect the intended retitling, a Heggstad Petition can correct the record by showing the decedent intended the property to be held by the trust. Providing escrow instructions, closing statements, and related communications strengthens the case to obtain a court order confirming ownership.
The Law Offices of Robert P. Bergman assists Sea Ranch residents and others in Sonoma County with trust-related title problems and petitions to confirm trust ownership. We help clients assess whether administrative remedies are available and, when necessary, prepare and file Heggstad Petitions in the appropriate county court. Our goal is to gather the most persuasive evidence of the trustmaker’s intent, coordinate with title companies or financial institutions, and pursue an efficient path to the order that clears title and permits trustees to act. Prompt, organized preparation often leads to smoother resolution and less disruption for beneficiaries.
Our firm focuses on estate planning and trust administration matters with attention to local court procedures and title company requirements in California. We help trustees and beneficiaries understand the options for correcting title, from administrative remedies to judicial petitions, and develop a strategy that addresses the particular facts of each case. Our approach emphasizes thorough document collection, clear legal argument, and timely filings to reduce delays and minimize the potential for disputes. Clients receive practical advice tailored to their goals and the estate’s circumstances.
We guide clients through each step of the process, including preparing petitions, collecting supporting declarations, serving interested parties, and responding to objections. We also work closely with title companies and financial institutions to determine what evidence they will accept and when a court order is appropriate. Our communications focus on keeping trustees and beneficiaries informed about expected timelines and potential outcomes so they can make decisions about sales, distributions, or other trust administration tasks that depend on clear title.
Whether the matter can be resolved administratively or requires court involvement, we aim to achieve a practical resolution that supports the trustmaker’s intentions and protects beneficiaries’ interests. For Sea Ranch clients, we provide guidance specific to Sonoma County practices and ensure filings reflect local rules. Our goal is to reduce uncertainty and help trustees move forward with managing, selling, or distributing trust assets in a way that honors the trust’s terms and the decedent’s wishes.
At the outset, we review the trust instrument and related records to determine whether a Heggstad Petition is necessary or whether an administrative remedy will suffice. If court action is needed, we prepare a petition that lays out the facts and evidence, obtain declarations from relevant witnesses, and file in the appropriate county. We serve interested parties and respond to any objections, presenting the documentary record and testimony to the court. Once an order is obtained, we help implement the court’s directives, including preparing any deeds or record changes required by the county recorder or title company.
The first step is a comprehensive review of the trust and all related documents to assess the strength of the claim that the asset belonged to the trust. This includes locating the trust instrument, amendments, deeds, account records, escrow files, and any communication showing intent. We also identify potential interested parties and any likely objections. Gathering this evidence early helps frame the petition and speeds the court process. Clear organization and a complete evidentiary package increase the likelihood of a favorable court determination and reduce the need for extensive discovery or follow-up filings.
Careful analysis of the trust document and correlated records is central to preparing a convincing petition. We identify relevant provisions, highlight language demonstrating intent, and compile supporting transfer documents and communications. Declarations from the trustee or the drafting attorney can describe the trustmaker’s instructions and the circumstances that led to the title discrepancy. Presenting a coherent, chronological narrative supported by exhibits enables the court to understand both the intent and the mechanics of any failed transfer, improving the petition’s clarity and persuasiveness.
We determine who must be served and who might object, including heirs, beneficiaries, creditors, or other parties with recorded interests. Anticipating objections allows us to gather rebuttal evidence in advance and to propose protective orders or notice plans that meet the court’s standards. Proper service and notification are critical to ensuring the court can lawfully enter an order. Addressing likely challenges early reduces the need for extended litigation and helps the matter proceed efficiently once the petition is filed.
After preparing the petition and supporting declarations, we file the documents in the appropriate superior court and arrange for service on all interested parties. The petition explains the circumstances of the title issue, presents the evidence of the trustmaker’s intent, and requests an order confirming trust ownership. Service and notice comply with court rules to provide parties an opportunity to object. We monitor court deadlines, respond to any procedural issues, and remain prepared to negotiate or mediate disputes if doing so will achieve a timely resolution without compromising the trust’s goals.
If the matter proceeds to a hearing, we present the documentary evidence and witness declarations to the court and address any objections raised by other parties. The goal is to show a consistent and credible record that the decedent intended the asset to be held by the trust. Where appropriate, we seek a brief hearing or submit the matter on declarations and exhibits. The court evaluates the sufficiency of the evidence and determines whether to grant the requested order to confirm title, taking into account applicable California law and local procedural standards.
Often, parties reach an agreement before a contested hearing, either by providing additional documentation or through negotiated stipulations that the court can enter. We explore settlement options and coordinate with opposing parties and title companies to secure the necessary assurances that will allow the recorder to update title records. Settlements can expedite resolution and reduce costs while still achieving the primary objective of confirming the trust’s ownership. When negotiation is possible, we document the agreement to avoid future disputes and ensure compliance with the trust’s terms.
Once the court grants an order confirming that the asset belonged to the trust, we assist with implementing that order to complete record changes and facilitate transactions. This may involve preparing corrective deeds, recording the order with the county recorder, and coordinating with title companies or financial institutions to effect transfers. We also advise trustees on any follow-up steps to administer or distribute the asset in accordance with the trust document. Proper implementation ensures the court’s directive is reflected in public records and that trustees have the authority needed to manage the property.
After the order is obtained, recording it with the county recorder or preparing the required deed formalizes the change in public records. We prepare the necessary documents and coordinate filings to ensure compliance with local requirements. Title companies often require a certified copy of the order along with recorded deeds or affidavits before issuing title insurance or closing a sale. Ensuring all documents are properly recorded provides the official public affirmation of the court’s decision and clear instructions for future transactions involving the asset.
With title clarified, the trustee can proceed to manage, sell, or distribute the asset as the trust stipulates. We advise trustees on implementing distributions, accounting to beneficiaries, and completing any necessary tax or reporting obligations. Providing beneficiaries with the court order and updated records helps close the administration process and reduces the likelihood of later disputes. We remain available to address post-order issues, including additional recordings or clarifications, so trustees have the practical support needed to finalize trust affairs responsibly.
A Heggstad Petition is a court filing used to request a judicial determination that a particular asset should have been owned by a trust at the time of the decedent’s death despite appearing in other records. The petition asks the court to confirm trust ownership and to direct any necessary record corrections. It is appropriate when administrative remedies are unavailable or inadequate, when title companies or financial institutions require formal judicial action, or when there are competing claims that a court should resolve. Filing a petition requires assembling a clear, organized record showing the trustmaker’s intent, including the trust instrument, deeds or account records, and any communications or declarations that support the claim. If no party objects and the documents are persuasive, the court may enter an order without a protracted hearing; however, contested matters can extend the timeline and involve additional proceedings.
The timeline for a Heggstad Petition varies depending on the complexity of the case, the need for discovery, and whether any parties contest the petition. In straightforward, uncontested matters where documents are well organized and title companies cooperate, the process can sometimes be completed in a few months from filing to order. Local court calendars and procedural requirements also influence timing, and some courts may process such matters faster than others. When objections arise or additional evidence is required, the process can take longer, potentially several months to a year or more. Working proactively to compile strong evidentiary support and engaging in early communication with likely interested parties can shorten the timeframe and reduce the overall burden on trustees and beneficiaries.
Courts give significant weight to the trust instrument itself, especially provisions that clearly describe the trustmaker’s intent regarding specific assets. Supporting deeds, drafts of transfer documents, escrow records, and beneficiary designations that align with the trust terms help demonstrate that the asset was intended to belong to the trust. Declarations from the trustee, drafting attorney, or others who were present during planning discussions can corroborate documentary evidence. Consistent, contemporaneous records are particularly persuasive, as are communications that show intent prior to the decedent’s death. The more direct the link between the trust document and the asset, the easier it is for the court to infer the trustmaker’s intention and to enter an order confirming ownership.
In many cases, a corrective deed, an affidavit, or direct communication with a bank or title company can resolve title issues without court involvement. Financial institutions often have procedures to retitle accounts for trustees when presented with the trust document and supporting identification. A corrective deed recorded with the county may be sufficient when the records and parties are in agreement and no disputes exist. However, when institutions refuse to accept the paperwork, when there are competing claims, or when a lender or title insurer requires judicial confirmation, a Heggstad Petition becomes the most certain path. The petition creates a court order that title companies and third parties are more likely to accept when administrative measures fail.
Parties that must be served typically include beneficiaries, heirs, successors in interest, and any parties with a recorded interest in the property, such as lienholders or mortgagees. Proper service ensures the court can lawfully enter an order and that interested parties have an opportunity to object. The specifics of service follow California probate and civil procedure rules and depend on the asset type and the known interested parties. Identifying and serving all potential parties up front reduces procedural challenges later. Failing to serve a necessary party may delay the process or require additional proceedings. Counsel can help determine who must be served and handle the logistics to comply with court requirements.
An order confirming title typically recognizes ownership of the trust but does not automatically eliminate valid, preexisting liens or mortgages on the property. Existing encumbrances remain attached to the asset until satisfied or released according to their terms. The petition should describe any known liens or encumbrances so the court and potential purchasers understand the property’s obligations. When the property is encumbered, the trustee may need to address mortgages or liens before completing a sale or refinancing. Title companies often require a plan to handle encumbrances and may condition insurance on their satisfaction or subordination. Transparent handling of liens in the petition helps prevent surprises at closing.
If someone objects to a Heggstad Petition, the court will consider the objection alongside the evidence presented and may schedule a hearing to resolve disputed issues. Objections commonly question the sufficiency of evidence of intent, the identity of the trustee, or the completeness of required service. When objections arise, parties may engage in discovery, produce additional documentation, or present witness testimony to support their positions. Resolution can occur by court ruling after a hearing, by negotiated settlement, or by stipulation if parties reach agreement. Preparing a thorough record and addressing likely objections proactively increases the chance of a favorable outcome without extensive litigation.
The cost to file a Heggstad Petition varies based on the complexity of the matter, the need for witness declarations, court fees, service costs, and whether contested litigation is required. Uncontested petitions with clear documentation will generally cost less, while disputes, multiple interested parties, or extensive discovery increase fees and expenses. Local filing fees and costs for certified copies and recordings also add to the overall expense. Discussing the specific facts of your case with counsel helps estimate likely costs and evaluate whether administrative remedies might be more economical. A clear plan for gathering evidence and narrowing issues can help control costs while pursuing a solution that secures title and protects beneficiaries’ interests.
Yes, Heggstad Petitions can apply to bank accounts, brokerage accounts, and other nonreal property when those assets remain titled outside the trust contrary to the trustmaker’s intent. Evidence such as account statements, beneficiary designations, and communications with the institution that demonstrate intent to place the account in the trust can support the petition. Financial institutions may accept trust documents and affidavits in some instances, but when they require judicial confirmation, the petition provides that formal recognition. For nonreal property, the petition should explain how the account was intended to be held and present witnesses or documentation verifying the trustmaker’s intent. The court can enter an order that directs the institution to recognize the trustee’s authority and retitle or transfer the account accordingly.
To avoid title problems, regularly review estate planning documents and confirm that deeds, account titles, and beneficiary designations align with trust provisions. When creating or updating a trust, coordinate with financial institutions and title professionals to ensure retitling occurs promptly. Keeping clear records of transfers, escrow communications, and any executed deeds reduces the chance that assets will be left outside the trust at a crucial moment. Maintaining an updated inventory of assets and periodic check-ins with an estate planning advisor can help catch issues before they become problematic. Proactive retitling and documentation reduce the likelihood of needing a judicial petition and help preserve the intended distribution plan for beneficiaries.
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