If you are considering changing an existing trust in Matheny, a trust modification petition can provide a clear legal path to update terms, trustees, beneficiaries, or administrative provisions. The process requires careful review of the original trust document, applicable California trust law, and the intentions of the settlor. Whether the trust was created recently or many years ago, petitions are used to reflect changed circumstances such as relocations, family changes, tax planning updates, or newly discovered drafting issues. This introduction explains what to expect, how a petition can help, and why a methodical approach improves the chance of a smooth court review.
A trust modification petition can address issues without undoing the settlor’s overall plan, and it can preserve the trust structure while correcting or clarifying provisions. Typical reasons include updating successor trustee designations, correcting errors or ambiguities in trust language, or adapting distributions to reflect changed family or financial circumstances. The petition process involves drafting proposed modifications, gathering supporting documentation, and pursuing court approval when required. This paragraph outlines the context for filing and prepares you for the practical steps involved in pursuing a successful modification in Tulare County and beyond.
Modifying a trust through a formal petition helps align the legal instrument with current intentions and realities, ensuring assets are managed and distributed as intended. Benefits include reducing future disputes among beneficiaries, clarifying trustee powers and duties, and addressing tax or asset-protection concerns within the trust framework. A court-approved modification can prevent confusion and litigation after the settlor’s incapacity or death. For families and fiduciaries, a properly executed modification petition provides a transparent record of the change, which supports continuity of administration and can preserve relationships by demonstrating a deliberate, legally recorded decision-making process.
The Law Offices of Robert P. Bergman assists clients with trust modification petitions and wider estate planning matters across California. Our approach focuses on understanding each client’s goals, reviewing existing trust documents such as revocable living trusts and pour-over wills, and preparing the drafting and filings needed for court review when necessary. We work with trustees, beneficiaries, and settlors to gather documentation, propose clear modifications, and explain legal options. The firm maintains communication about timelines, requirements, and potential outcomes so clients can make informed decisions about adjusting their estate plans.
A trust modification petition is a court filing to change an existing trust where nonjudicial methods are not available or appropriate. Courts review petitions to ensure proposed modifications reflect the settlor’s intent, comply with statutory rules, and protect beneficiary rights. The petition must explain the reasons for modification, present evidence such as the original trust and any related documents, and propose the exact changes requested. In California, petition procedures and standards depend on factors like whether the settlor is alive, incapacitated, or deceased, and whether all interested parties consent to the change.
Nonjudicial modifications can sometimes be made under trust terms when the settlor and affected parties agree, but when agreement cannot be obtained or ambiguity exists, a petition can clarify authority and lawfully implement changes. The petition process includes preparing legal pleadings, serving interested parties, and attending hearings if objections arise. Documentation such as medical records, trustee reports, or affidavits may be necessary to demonstrate changed circumstances or clarify the settlor’s intent. The goal is a legally sound modification that reduces future disputes and supports the trust’s administration.
A trust modification petition asks the court to approve alterations to a trust’s terms or administration where private amendment is not possible or where court oversight is advisable. Common uses include correcting drafting mistakes, clarifying ambiguous provisions, updating trustee appointments, or adjusting distribution schemes. The petition should describe the original trust, the proposed amendments, and the factual basis for the change. Courts consider the settlor’s intent, whether beneficiaries’ interests are protected, and whether the proposed changes are consistent with trust law. Filing a petition creates a formal record and provides enforceable orders for trustees and beneficiaries to follow.
Filing a trust modification petition typically involves a series of careful steps: reviewing the trust and related estate planning documents, drafting the petition that includes proposed modifications and supporting facts, serving interested parties, and responding to any opposition. Evidence such as the original trust document, amendments, communications from the settlor, and medical or financial records may support the petition. Courts may require notice to beneficiaries and a hearing. The process aims to achieve a clear judicial order reflecting the requested modification while safeguarding beneficiary rights and ensuring proper administration going forward.
Understanding common terms can make the petition process less intimidating. This glossary section defines important concepts such as settlor, trustee, beneficiary, pour-over will, and other trust-related instruments. It also explains procedural words like petition, notice, and hearing so you can follow what happens at each stage. Knowing these terms helps clients recognize the documents and evidence needed to support a modification, and it clarifies the roles different parties play in protecting interests and ensuring the trust functions per the settlor’s intentions.
Settlor refers to the person who created the trust and transferred assets into it. The settlor’s written instructions, expressed in the trust document, guide how assets are managed and distributed. When a modification petition is considered, courts look to the settlor’s original intent and any subsequent communications or amendments. If the settlor is alive, their expressed wishes carry particular weight, but legal standards also require fair treatment of beneficiaries. If the settlor is incapacitated or deceased, evidence such as prior communications, earlier amendments, and surrounding circumstances help establish intent for any proposed change.
Trustee is the person or entity responsible for managing trust assets in accordance with the trust document and applicable law. Trustees have fiduciary duties to act in beneficiaries’ best interests, follow the trust terms, and provide accounting and notice when required. In a modification petition, trustee actions and decisions may be central, particularly if the trustee requests clarification or change in powers, compensation, or successor appointments. Courts will consider whether the proposed modifications align with the trustee’s obligations and whether the changes preserve clear administration of the trust.
A beneficiary is an individual or organization entitled to receive benefits from the trust, such as income, principal, or specific assets. Beneficiaries have legal interests that the court may protect during a modification proceeding, and they generally must receive notice of petitions affecting their rights. The court evaluates how proposed changes impact beneficiaries and may allow objections if a modification would harm vested interests. Balancing settlor intent and beneficiary protections is a core part of the court’s review when considering whether to approve a trust modification petition.
A pour-over will is a testamentary document designed to move remaining assets into an established trust upon the settlor’s death. It works alongside a revocable living trust to ensure assets not already retitled to the trust are transferred into it after probate. When modifying a trust, it is important to review associated pour-over wills and other estate documents to keep all parts of the plan aligned. Ensuring the pour-over will and trust provisions remain coordinated helps prevent conflicts, unintentional disinheritance, or unplanned probate administration.
When considering changes to a trust, some options allow amendments without court involvement while others require a petition and judicial approval. Nonjudicial methods include amendments executed by the settlor if the trust permits and all interested parties consent. Court-based modification is appropriate when the settlor is unavailable, when beneficiaries disagree, or when interpretation issues cannot be resolved privately. Each pathway has trade-offs: nonjudicial adjustments can be faster and less costly, whereas court modification offers formal legal recognition and protection against future disputes when private agreement cannot be achieved.
If the settlor is alive and the trust document authorizes direct amendment, a limited change handled with a formal amendment or restatement can be effective. In these situations, the settlor can sign an amendment to update beneficiaries, change trustee appointments, or adjust distribution timing. That approach avoids court time and expense, and it preserves privacy. However, it depends on the settlor’s capacity to execute a valid amendment and may require careful documentation to ensure the amendment is clearly integrated with the original trust provisions and other estate planning documents.
When all beneficiaries and the trustee agree to a proposed modification, they may execute a written agreement or follow trust provisions permitting modification by consent. This method can resolve issues quickly while maintaining confidentiality. Unanimous agreement typically requires full disclosure of relevant facts and may involve re-titling assets or executing documentation that all parties sign. While this avoids court proceedings, it is important to ensure the written agreement is legally sufficient and properly recorded so that future administrators and trustees can rely on the change without dispute.
A court-based petition is often required when there are disputes among beneficiaries, ambiguity in trust language, or the settlor lacks capacity to make valid amendments. Under these circumstances, filing a petition creates a formal process for resolving disagreements and obtaining a definitive order that clarifies authority, corrects errors, or implements the settlor’s probable intent. Court involvement provides a transparent record and reduces the risk of later challenges, especially when beneficiaries or trustees disagree about interpretation or when external evidence must be considered to establish intent.
When trustees need the protection of a judicial order to carry out a proposed change, a petition helps ensure their actions are authorized and defensible. A court-approved modification clarifies the trustees’ duties and limits liability when they implement changes consistent with the order. Beneficiaries also gain assurance that the modification has been reviewed and approved by the court, which can deter later litigation. This formal process provides a structured pathway for significant or contested changes that affect asset administration and distribution.
A comprehensive approach to trust modification minimizes uncertainty by creating a clear, enforceable court record of changes. This helps trustees follow precise instructions, reduces the likelihood of future disputes, and provides beneficiaries with transparent documentation of why and how the modification occurred. Courts can also address related relief such as appointment or removal of trustees, resolving accounting issues, or clarifying powers. With thorough preparation, filings, and evidence, a judicial modification can preserve the settlor’s overall plan while addressing present demands or correcting past drafting problems.
Pursuing a full, court-based process can also protect family relationships and financial stability by resolving conflicts in a formal setting and preventing unresolved questions from surfacing later. When changes affect successor trustees, distributions to heirs, or fiduciary duties, a court order reduces the risk of inconsistent interpretations by future administrators. A comprehensive approach includes detailed documentation, appropriate notice to interested parties, and legal arguments that show why the modification aligns with relevant law and the settlor’s intent, resulting in a durable solution for trust administration.
One major benefit of a court-approved modification is a clear judicial order that trustees and beneficiaries can reliably follow. This enforceability minimizes ambiguity about trustee powers, distribution timing, and administrative procedures. Clear orders reduce the chance of litigation after the fact and make it easier for successor trustees to manage assets. Courts can also ensure that procedural safeguards were observed, such as appropriate notice and consideration of beneficiary rights, which bolsters the modification’s long-term effectiveness and ensures that the trust functions as intended under changed circumstances.
Securing court approval for modifications helps protect the trust and its administrators from future legal challenges by creating an official record of the court’s consideration and decision. That record establishes the modifications’ validity and reduces uncertainty about whether the changes were appropriate. Courts can weigh competing claims and issue rulings that resolve disputes over intent, capacity, and interpretation. This protective layer is especially valuable when significant assets, multiple beneficiaries, or contentious circumstances make the risk of post-modification litigation higher.
Gathering the full trust file at the outset speeds the modification process and avoids delays. This includes the original trust, any amendments or restatements, pour-over wills, powers of attorney, healthcare directives, and related correspondence. Having supporting documents such as bank records, property deeds, or communications that show the settlor’s intent can be helpful. Well-organized records allow for clearer drafting of the petition and support any factual assertions. Preparing a thorough packet of documents helps the court and interested parties understand the background and rationale for the requested change.
Create a factual record that explains the need for modification, such as changed family circumstances, drafting errors, or changes in assets. Include affidavits, correspondence, and relevant financial or medical documentation that supports the petition. Clear factual statements help the court evaluate the proposed modification against the settlor’s intent and applicable law. Well-prepared documentation reduces the likelihood of contested hearings and can facilitate a more efficient judicial decision, making it easier for trustees to implement the court-ordered changes once approved.
You may consider a trust modification petition when the original trust no longer reflects the settlor’s wishes, when beneficiaries contest terms, or when administrative or tax considerations make a change desirable. A petition can also correct typographical errors, ambiguities, or omissions that might otherwise cause disputes. When the settlor cannot amend the trust directly, or when unanimous beneficiary consent cannot be obtained, a petition provides a formal mechanism to resolve issues and achieve a legally enforceable modification that supports continued trust administration in line with the settlor’s intent.
Other reasons to pursue a petition include removing or appointing a trustee when circumstances warrant a change, clarifying distribution timing, handling incapacity issues, or addressing newly identified tax concerns that affect the trust’s operation. A petition also allows the court to grant relief when trustees need direction on ambiguous powers or when competing beneficiary interests require judicial resolution. Taking action through a petition can prevent future estate administration problems and provide a definitive legal framework for trustees to act responsibly.
Frequent triggers for modifications include changes in family structure such as divorce or births, relocation across state lines, discovery of drafting errors, or the death or incapacity of a trustee or beneficiary. Significant changes in asset composition, retirement account designations, or tax law can also prompt modification to preserve intended results. Situations where beneficiaries disagree about interpretation or where the settlor’s original written language is unclear often lead parties to seek a formal court order to resolve disputes and ensure proper administration going forward.
Events such as marriage, divorce, births, or deaths can alter the distribution needs and intentions behind a trust. Modifications may be necessary to update beneficiary designations, adjust distribution timing, or reallocate assets to reflect the settlor’s revised wishes. Addressing these changes promptly helps align the trust with current family realities and reduces the chance of contested distributions later. Clear documentation of the reasons for change and any supporting evidence is important when pursuing a petition to ensure the court understands the context and intent behind the requested adjustments.
Drafting mistakes, unclear language, or inconsistent provisions can all create ambiguity that hinders proper administration. A petition can correct typographical errors, reconcile contradictory clauses, or clarify distribution definitions. When courts interpret unclear language, the outcomes may deviate from the settlor’s intended plan, so addressing ambiguities proactively through a petition can help preserve anticipated results. Presenting evidence such as drafts, communications, or surrounding circumstances assists the court in determining the settlor’s likely intent and crafting an appropriate modification.
Situations that involve removing or appointing a trustee, clarifying trustee powers, or addressing trustee accounting can necessitate a petition. Trustees may seek court guidance when unsure about taking particular actions or when they require authority to make asset transfers consistent with proposed changes. Beneficiaries may request court intervention if a trustee is not fulfilling duties or if there are disputes about administration. The court can issue orders that address appointments, authority, and accounting to ensure the trust is managed correctly and in accordance with applicable law.
The Law Offices of Robert P. Bergman provides assistance to residents of Matheny and surrounding Tulare County communities who need help with trust modification petitions. We focus on explaining options, reviewing trust documents like revocable living trusts, pour-over wills, and related estate instruments, and preparing the materials necessary for filing when court involvement is required. We also assist with beneficiary notice, gathering supporting evidence, and navigating hearings if objections arise. Our goal is to help clients pursue an orderly modification process that protects long-term trust administration and family relationships.
Clients choose the Law Offices of Robert P. Bergman for attentive legal service, practical guidance, and careful preparation of petition materials. We work to understand the facts and objectives behind each requested change, review relevant estate planning documents, and build a factual record to support the petition. From drafting pleadings to coordinating service and hearings, we manage procedural steps so clients know what to expect and can move forward with confidence. The focus is on clarity and practical results rather than unnecessary complexity.
Our practice emphasizes clear communication with clients and interested parties, thorough documentation, and adherence to procedural requirements in Tulare County and California courts. We assist trustees and beneficiaries by explaining options that may avoid court when appropriate, while preparing court petitions when that is the best path. By addressing evidentiary needs, notice obligations, and potential objections early, we aim to reduce delays and help secure a definitive court order where necessary to implement a modification.
We also coordinate closely with clients to ensure trust modifications are consistent with other estate planning instruments, including pour-over wills, powers of attorney, and healthcare directives. This attention to detail helps maintain a cohesive plan and avoids unintended consequences. Our practice includes practical planning suggestions to minimize future disputes and to maintain clear administration, always tailored to the client’s specific circumstances and the legal landscape in California.
The process begins with a comprehensive review of the trust and related estate planning documents, followed by a detailed discussion of goals and supporting facts. We gather evidence such as medical or financial records when relevant, prepare a petition that explains the requested changes, and handle notices to interested parties. If the matter proceeds to hearing, we present the factual and legal basis for the modification. Throughout, we communicate status and options so clients understand timelines, likely steps, and potential outcomes in Tulare County courts.
The first step is to assemble and review all relevant documents, including the trust instrument, amendments, pour-over will, powers of attorney, and any correspondence that sheds light on the settlor’s intent. We assess whether a nonjudicial amendment is possible or whether a court petition is needed. This assessment also identifies interested parties, potential disputes, and evidence necessary for the petition. A clear plan is developed to move the case forward efficiently while protecting beneficiary rights and the integrity of the trust.
We meticulously examine the trust document, any prior amendments, and supporting estate planning instruments to identify ambiguities, errors, or provisions that require modification. This review determines whether proposed changes can be implemented by amendment or whether a petition is necessary. We also search for clauses regarding amendment procedures, trustee powers, and beneficiary rights so the proper legal strategy can be selected and documented for filing if court action is required.
Collecting evidence to support the petition includes gathering communications, financial records, deeds, medical records when relevant, and affidavits from witnesses. This factual foundation helps establish the circumstances that justify the proposed modification. Organized evidence supports the petition’s factual assertions, helps anticipate likely objections, and enables efficient presentation to the court. Clear documentation contributes to a persuasive record that assists judicial review and helps protect trustees and beneficiaries moving forward.
Once the petition and supporting documents are prepared, we file with the appropriate Tulare County court and arrange for required notice to beneficiaries and other interested parties. Proper service is essential to give parties an opportunity to respond and to comply with procedural rules. We coordinate timelines for responses, prepare declarations or briefs as needed, and handle preliminary motions should they arise. The goal is to ensure that the filing is complete, legally sound, and presented in a way that facilitates an efficient judicial review.
Filing requires careful attention to local court rules, filing requirements, and the content of notices. We prepare pleadings that clearly set forth the requested modifications and the supporting facts, and we file the documents with the appropriate court division. Compliance with procedural rules reduces the risk of delays or technical objections and positions the petition for timely review. Proper filings also establish the official record necessary for any hearing or subsequent enforcement action.
After filing, we ensure that all required parties receive proper service and monitor for any responses or objections. If objections are filed, we assess their basis and work to resolve disputes through negotiation or prepare for a contested hearing if necessary. Managing communications and deadlines helps keep the case on track and ensures the court has the information needed to adjudicate the petition. Timely responses and strategic handling of objections increase the likelihood of an effective resolution.
If a hearing is necessary, we present the factual and legal arguments supporting the proposed modification and address any objections raised by interested parties. The court will consider evidence, applicable law, and the settlor’s probable intent before issuing an order. Once an order is entered, we assist with implementing the modification, which may include re-titling assets, updating records, and advising trustees on administration under the new terms. Proper implementation ensures the court’s directive is followed and reduces future uncertainty.
During hearings, it is important to present organized evidence that supports the requested modification and to explain how the changes align with the settlor’s intentions and applicable law. This can include witness testimony, affidavits, prior drafts, or other documentary evidence. Effective presentation addresses potential beneficiary concerns, clarifies ambiguities, and shows that the modification is reasonable and lawful. The court weighs these factors when deciding whether to grant the petition, amend trust terms, or provide additional relief.
After the court issues an order approving or denying the petition, implementing its directives promptly is essential. For approved modifications, trustees may need to re-title assets, update account beneficiaries, or record amended trust documents with relevant institutions. We assist with these post-order tasks and provide guidance on ongoing administration under the modified terms. Timely and accurate implementation helps ensure the trust operates as intended and reduces the risk of future disputes over asset distribution or trustee actions.
A trust modification petition is a court filing requesting a judicial order to change the terms or administration of an existing trust when private amendment is not possible or appropriate. Typical reasons to file include correcting drafting errors, clarifying ambiguous language, updating trustee or beneficiary designations when the settlor cannot execute an amendment, or resolving disputes. The petition should detail the proposed changes, relevant facts, and why the court’s involvement is necessary to achieve a lawful and enforceable modification. Preparing a clear factual record increases the likelihood of a favorable outcome. Filing is appropriate when nonjudicial methods are unavailable, when beneficiaries disagree, or when the trustee seeks authoritative direction. The process includes drafting pleadings, providing notice to interested parties, and possibly attending hearings. Evidence such as the original trust, prior amendments, communications reflecting settlor intent, and supporting documents may be required. The goal is a court order that implements changes while protecting beneficiaries’ rights and ensuring proper administration.
Yes, some trusts can be changed without court involvement if the trust document expressly allows amendments by the settlor while alive or if all interested parties provide written consent. These nonjudicial methods often allow for faster, private resolution when everyone agrees. Properly executed amendments or restatements should be documented and integrated with existing trust materials to avoid confusion. When unanimous consent is feasible and the settlor has capacity, this pathway can be preferable for efficiency and confidentiality. However, if the settlor lacks capacity, if not all interested parties agree, or if the trust language is ambiguous or defective, nonjudicial options may not be available or advisable. In such circumstances, a petition to the court provides a formal mechanism to obtain authoritative approval, protect trustee actions, and create a public record that can prevent future disputes. Courts will weigh the settlor’s intent and beneficiary protections when deciding on a petition.
When a trust modification petition is filed, interested parties typically include beneficiaries named in the trust, any successor trustees, and sometimes creditors or other individuals with an asserted interest in trust assets. The court’s rules determine precise notice requirements, and proper service is essential so that parties can respond or object. Providing comprehensive notice helps ensure the proceeding is procedurally correct and reduces the risk of later challenges based on lack of notice. Failing to notify required parties can delay the process or result in the court rejecting the petition on procedural grounds. It is important to identify all likely interested parties early and document efforts to provide notice. In some cases, the court may allow publication or other methods of notice if a party’s whereabouts are unknown, but direct, documented service is generally the preferred practice.
Evidence for a modification petition varies with the facts but commonly includes the original trust document, any prior amendments, written communications that reflect the settlor’s intent, and relevant financial or property records. When changes involve issues of capacity or undue influence, medical records and witness affidavits may be necessary. Clear documentary support helps the court determine whether the requested changes align with the settlor’s intentions and applicable law. Affidavits from parties with firsthand knowledge, copies of deeds or account statements showing asset ownership, and records that demonstrate the reason for modification strengthen the petition. Organizing evidence into a coherent, chronological narrative assists the court and helps address likely objections. Well-prepared evidence improves the efficiency and clarity of the court’s review.
The length of the petition process depends on factors such as the complexity of the requested change, whether parties object, and local court scheduling. If all interested parties consent, the process can be relatively quick, potentially concluding in a matter of weeks to months. When objections arise or substantial evidence must be developed, the process may extend for several months or longer, depending on court calendars and the need for hearings. Preparation time, service requirements, and opportunities for settlement also affect timing. Working proactively to gather documents and address concerns early can shorten the timeline, while contested cases naturally require more time for discovery, motions, and hearings. Communication with the court and other parties helps manage expectations about realistic timeframes.
Yes, beneficiaries may object to a proposed modification if they believe it harms their interests, alters vested rights, or was requested for reasons they contest. Objections typically trigger a contested process where the court evaluates the evidence and legal arguments of both sides. The court balances the settlor’s intent, beneficiary protections, and statutory requirements when deciding whether to approve a modification over objection. If objections are likely, the petitioner should anticipate and prepare responses supported by documentation and legal analysis. Negotiation or mediation can sometimes resolve disputes before court hearings, but when litigation is necessary, a well-prepared factual record and clear legal presentation are important to address beneficiary concerns and seek a decisive judicial ruling.
Court involvement in a trust modification proceeding often results in filing documents in the public record, which can make some aspects of the case accessible to others. Certain details may be subject to public filing depending on local court rules and the nature of the documents submitted. Sensitive financial and personal information should be addressed carefully, and in some cases, courts permit sealed filings or protective orders to limit public disclosure of private details. When confidentiality is a priority, parties should raise those concerns early and explore options such as narrowly tailored filings or redactions where the court allows. Although complete privacy cannot always be guaranteed when seeking a court order, strategic filing practices and legal arguments can sometimes reduce unnecessary exposure of private information while still achieving the necessary judicial relief.
When a settlor is incapacitated, they may be unable to execute an amendment, making a petition an appropriate path to address necessary changes or clarify administration. The court will consider evidence regarding the settlor’s prior intent, any existing powers of attorney or healthcare directives, and the current circumstances that warrant modification. Medical records and witness statements can help establish the necessary factual context for the court to act in the settlor’s best interests and consistent with their prior expressed wishes. If incapacity is temporary, parties may prefer to wait for recovery if that is realistic, but when immediate action is required for asset management or protection, petitioning the court provides authority for trustees to proceed. The court’s role is to balance respect for the settlor’s intent with protection of beneficiaries and the settlor’s welfare.
A trustee can petition the court to modify a trust when administrative uncertainties, ambiguous terms, or disputes prevent the trustee from carrying out duties confidently. Trustees may seek judicial instruction to clarify powers, confirm actions, or obtain approval for proposed changes that are protective of beneficiaries or necessary for proper administration. The court can issue orders that limit trustee liability and authorize specific steps, which is often helpful when trustees face difficult decisions or conflicting beneficiary claims. Before filing, trustees should document efforts to communicate with beneficiaries and attempts to resolve issues nonjudicially. Courts generally appreciate a clear factual record showing why judicial intervention is necessary, and they consider the trustee’s responsibilities and the potential impact on beneficiaries when deciding whether to grant relief.
Costs vary depending on complexity, the need for court hearings, and whether the matter is contested. When parties agree, costs are often limited to drafting and filing fees and may be relatively modest. Contested petitions tend to be more expensive because of additional attorney time, discovery, and hearing preparation, as well as possible expert reports and extended court involvement. Discussing anticipated costs at the outset helps clients plan and weigh options. Courts charge filing fees and there may be additional costs for service, document preparation, and record gathering. Exploring nonjudicial alternatives, negotiating with beneficiaries, or narrowing the scope of requested changes can reduce cost exposure when appropriate. A realistic budget and timeline help clients make informed choices about pursuing a petition.
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