can a lady bird deed be contested; can i do a lady bird deed myself; what are the pros and cons of a lady bird deed in florida; disadvantages of lady bird deed; Upon the death of the person upon whose life the estate is measured, the right of possession vests in the remainderman,. If you have been named as the beneficiary of a Lady Bird Deed, there are a few things you will need to do in order to take ownership of the property. If you are in Michigan, we can assist. What is the best way to leave the property to my only son on my demise. Sorry this went into spam folder. My sister has lived with Mom for the last five years, taking care of her for the last year when dementia took over Mom's mind. One of my sons has a progressive muscle disease and lives with me. Other reasons for contesting a Lady Bird deed may include fraud, duress, or undue influence. We had a LBD for my father who passed 10/7/20, giving to his three children, of which I am one. He has been placed in assisted living and financial cannot pay the loan. Very interesting is the Lady Bird Johnson deed legal in all 50 states? his parents are trying to get us a ladybird deed to leave it to them if we both die. Do I need to have his name removed from the deed before I file a ladybird? Would the three of them I would have to see the specific deed, as they can vary dramatically. My stepfather died and now my mom owns the property, we have never changed the deed. For Michigan, you do not need to anything with the home equity loan. Could require storage insurance of the individuals keeping their items there. If he signs a lady bird deed tamd deeds me the property will i have issues with the heloc. They all told me that Judy told them that she wanted me to have her place. I had this property since 2002 and about to get married 09/2022. my questions aredoes a ladybird prevent us from getting a home equity without his parents? My mother and stepfather own a home in MI, the LBD lists me as the beneficiary, after they both pass away. There are many different ways to DNA test birds, but the most common and accurate method is through blood samples. No one has stepped up nor wants to settle Judys estate. The most common reason for contesting a Lady Bird deed is if the person who signed the deed did not have the mental capacity to do so. My question is why is this so? My parents home was put into a Lady Bird deed last year to myself and two siblings. If a Bank has a lien on the house, the persons taking under the LBD will have to deal with the lien. She is now living in a ho.ep and we are her legal guardians. We are not licensed in Texas, but under Michigan law it would not affect SSI I do not believe. A life estate is the right to live on a property for the remainder of the life estate holder's life. I am on ssi can I please put on the home I share with someone as part owner will I lose my benefits. My mom and dad had a ladybird deed done a couple of years ago with me my sister and brother on the deed. What do you recommend? Assuming you are in Michigan, there are significant benefits for creditor protection when a residence is in the name of you and your spouse. 2) if she wanted to ensure he received her 3rd, can she have to will it to him? Not completely following, but I presume that you are asking that should you pass, would your children just file a death certificate. Or if the grantor was subjected to undue influence in executing the deed. Although the State of Florida does not technically require a lady bird deed to be recorded, it is a good idea to file it with the clerk of court so that it is presumed to be delivered promptly (a requirement for a valid deed). My mother had a Ladybird deed on her property naming myself and my 3 brothers. I know he wanted the proceeds split up. I own my property free n clear. My concern is that my fathers health is deminishong and he will need to go on medicaid soon. Also, your financial questions imply that you may be a candidate for a more sophisticated estate plan, such as a trust. Would encourage him to seek counsel as to possibility of a challenge to deed. As discussed above, the requirements and procedures associated with lady bird deeds will depend on the particular laws set out in one of the five states that recognizes these types of deeds. Does Lady Bird deed cancel tax When using a quitclaim deed, the grantor conveys the grantor's interest in the property, but makes no . I am overwhelmed with the care mom needs, but throw in the financial demands, and not knowing who to consult for help. I have one question. This type of deed got its nickname when President Lyndon B. Johnson used it to convey property to his wife, Lady Bird Johnson. Could two separate Lady Bird Deeds be fashioned to 1) transfer my primary residence to my 4 adult children in equal parts and 2) transfer the rental home to one of my daughters? So control of all bills and accounts, Only assets that go through Probate Court in Michigan are distributed as stated in Will. These rights usually include the freedom to mortgage the home, sell it or otherwise leverage it. Does this only apply to the state of There is also the ability for your sister to make a principal residence and save some property taxes. Now we are getting to the point that maybe a nursing home will be needed soon for my mother. 6) It is not required that the lenders for any mortgages against the home approve or be notified before creating the LBD. I have four siblings. Will property uncapped in a living trust if left to a non close relative. Hi my husband and I are in the process of making a will now. deed to obtain the Heloc and if so is it a wise thing to do. Is there a limitation under a ladybird deed Are they wrong? I can refer you to someone in Kalamazoo if that is close to where you live. Thanks again. answer, specifically: I want personal family items to go to A Lady Bird deed creates a general lifetime power of appointment and names a default beneficiary to receive property upon the death of the owner. We have one daughter want to put our home in a Ladybird deed for her to avoid probate of any type. She was on hospice at the time and not coherent. I would consult tax professional. You can also contest a lady bird deed if the grantor lacked capacity at the time it was executed, or if it conflicts with spousal homestead rights or another legal right or lacks the required formalities. Since I am the executor and live in the town where the property is, my siblings signed POAs and the tax form indicates I have 100% of the proceeds (the plan was for me to disburse at a later dateI had planned to do it by the end of the year, but wound up in a legal separation from my husband, that through me for a loop, emotionally, and shut my brain down re: the estate). Without seeing the documents I cannot fully respond. This clause also can consider the death of the principal debtor to be a default and they could call in the loan. A little more complicated. Not sure what you mean by beneficiary specifically. In my experience, an Estate for your brother, depending on how long before your Mother that he died, will have to be opened to deal with his interest. If in the Great Lakes Bay area call us. My parents have now passed away and the house is up for sale. Another way for the grantor to revoke the deed is by selling, gifting, or transferring the property during the grantor's lifetime. She is on the Gulf side. one unit soon to possibly be a vacation rental. Our situation is our house is paid off free and clear we have one child and NO debt wha so ever. it is the same as it would be if the LBD were not put in place). I would likely recommend that you quit claim deed to your sister your interest in the real estate. so its in his name but its mine. My father owns property with a pole barn and rents out space for storage of boats and RVs. Hi! However, a grantor may solve these problems by naming the successor trustee of the grantors living trust as the default beneficiary in the Lady Bird deed. When my father died back in 1999, my name was added to my parents house in Michigan. The grandchild and her husband would like to purchase the home with a land contract. Its a living trust. Unfortunately, her DPOA decided to deed it to himself along with another property. my husband and I own our house outright. However, President Biden has discussed removing this tax benefit, which would have a huge affect on the value of assets and tax consequences to the middle class. Based on the basics the answer may be no. Affidavit with the local assessor? We do live in Southwest Michigan. It gives the current owner continued control over the property until his or her death. This is the person who receives the property. Feel free to contact us if you are in Michigan. We live in Colorado but have this condo for air bnb purposes in Florida. Those of the property holders who happen to live in states where a lady bird deed is adopted can consider this tool as a good alternative. It cannot be used on multiple properties? If there are specific items that are yours, then you may need to prove so. Wow, lots going on. Thanks for scoping out our website and blog. It must be done correctly though. My kids are 11 , 8,and 5 y one lost due to back taxes, without my knowledge until after the fact. A lady bird deed (also called a ladybird deed or an enhanced life estate deed) is a special form of life estate deed that gives the owner continued control over the property until his or her death. Will Medicare sell the house to pay my bill and also the taxes I owe on the house? Assuming the mortgage would be up to the Lender. 2) True. You have no interest in the real estate at this time, so there could be significant income tax consequences. Overall, Lady Bird Deeds have a lot to offer, from avoiding probate to avoiding recovery against a home, and most of all in saving clients . If your mother had the legal capacity to sign the deed and the deed was properly executed and delivered, you brother will probably have difficulty with any suit he files. No only one of them needs to file death certificate and transfer affidavit. I would have to know more about your personal situation. Is the surviving owner legally entitled to assume the mortgage at the existing rate? My sister wanted me to have the house outright since I cared for my mom for many years. Federal Tax Benefits - Because of the way assets are classified through the usage of a lady bird deed, anything left to a family member is termed an "incomplete gift" for tax . In Michigan, you can do a LBD even if in a nursing home as there has not been a transfer of ownership. Title Companies (some) are having issues with the ladybird deed and how to treat them. We are currently trying to get my sister, who passed away, her husband listed to be her representative. The three remaindermen are two children and one unrelated individual, as tenants-in-common in equal share. When a legal document is done by a non-lawyer, there are more issues presented to challenge such. Joe I would suggest speaking with a CPA. A Lady Bird Deed is a property ownership arrangement under which two legal actions take place: 1) the property owner (grantor) retains life estate while granting to someone else (grantee) the. I likely would encourage him to put your name on it, but without knowing more about it, that would be just general guidance. Under most circumstances a LBD will suffice, but there are other considerations.Medicaid, age of person receiving, capital gains. One year after my mother passed one of my sisters passed in 2017. And my home is rent money for her He had no other assets to speak of. We have filed a ladybird deed on my mothers behalf but it has not yet been completed by the court and she has now become terribly Ill and will likely not last another week. I have POA. Normally the use of a LBD, at least at this time in dealing with the qualifications for Medicaid, would protect your Great Aunts residence. Yes, you can have a proper deed prepared that would transfer any interest that your sister has in the property to you. This document is a more beneficial version of another legal instrument, a life estate, which is reflected in its official name an enhanced life estate deed. If the default beneficiary named in the Lady Bird deed is not a close relative, as defined in MCL 211.27a(7)(d), property taxes will be uncapped upon the death of the donee of the power of appointment. My Mother is the life tenant, and I (her) son is the default beneficiary. My Grandmother had a lady bird deed and did execute it in the court system. You can use a properly drafted Lady Bird Deed to leave your home to your granddaughter and doing so will avoid probate and, under present law, also avoid Medicaid estate recovery. First off, our Firm is only licensed in Michigan so consider this a disclaimer. There is likely to be a penalty if transferred into your name. Also a lady bird. The language you indicate may or may not make a difference. Does the lady bird deed need to be filed before death or can I have one prepared and put into safe keeping to be filed upon death? My husband, his mother, and I all purchased a home together with all of our names on the deed. Hire an attorney. My mother has been in a nursing home for 4 years with dementia. Reasons not to do it. Do I need to register the deed somewhere? Lady Bird Deed - Best Kept Secret. Sometimes depending on circumstances it would be the option. Many people believe that creating a will, either with an attorney or through some online form ordered from a late-night TV commercial, that they have successfully avoided probate. She intends to sell the property, fully furnished. He has made it clear these are his wishes to more than just me. I have 2 other children currently living with me in my home. Thank you. In Texas, a ladybird deed is also known as an enhanced life estate deed. how difficult is it to reverse/remove a ladybird deed? I have set up a ladybird deed with my 1 son only. To create a ladybird deed in Texas, the owner must be at least 18 years old and have legal capacity to execute a contract. Have my Mom and Uncle lost all claims to their inheritance as children of my granddad? My husband and I reside in a house on the same property as his parents home. I would suggest speaking with a Texas attorney. There is no implied right to the contents, as that is personal property. Thanks. For more information on lady bird deeds, please contact: Daniel M. Copeland, Attorney at Law, P.A., at 904-482-0616 or submit a contact form. The reason is that the default beneficiaries will have to work together to sell or dispose of the property following the owners death, and disagreements could lead to a partition lawsuit. Your browser must have Javascript support enabled to leave comments. My husband and I have lived in the home for 3 yrs and pay the taxes and maintenance issues on the property. We have no mortgage and want to take out the Heloc to 1) Using the LBD to pass the assets to the trust allows the home to remain under the homestead bankruptcy exception while both spouses are alive, with respect to claims by creditors against a single spouse. He does not have Medicaid yet, but may in the next month. The mortgage is a lien on encumbers the property. My mom had a ladybird deed on her house. You have a loaded question there. This can be a useful tool for people who want to avoid probate or estate taxes, or for those who simply want to give their property to someone else while they are still alive. Our mother passed in Sept of 2016. As for the sale, If sold for what it was worth on October 7, 2020, probably no income tax issues. Additionally, if one of the original beneficiaries dies before you do, their share of the property would pass on to their heirs according to state intestacy laws meaning it could go to someone you didnt intend. In order to avoid probate and include the non-bio child, we thought about setting up a lady bird deed, and having the beneficiary as a living trust, so that the trust can direct the sale of the home and the split of the assets equally. Id like to avoid legal fights if possible, but I know it is coming and I want to be prepared. Lady Bird Deeds vs. Life Estate Deeds Lady Bird deeds differ from standard life estate deeds. Cannot give you advice on this until know more. Thank you for the response. If there was some oral agreement that the real estate would be conveyed to someone with their agreement to pay the funeral bill, then that could change things. I would have to see the deed. Execution of a Lady Bird deed is not considered a gift subject to federal gift tax, or a divestment subject to penalty for Medicaid eligibility purposes. If the ladybird deed was signed by your great aunt prior to the will, then the ladybird deed will be taken into consideration and that person will be considered as the owner of the property. Puzzled on which way to go on will. My father has three properties and 3 children. he cant afford it, my father allowed me to use his VA to purchase a house. Fax: (989) 799-2553, 190 E. School Street Hi, I have been married for 14 years, and my name was never put on our home (However I have lived in the home since it was built in 2000 with my now husband.) 7) True. Can I transfer an enhanced life My question is Unlike a regular life estate, this type of deed gives you the power to retain control of the property during your life, including the right to use the property for profit or to sell the property. condo to my two children Be cautious and use an attorney to create the proper documentation. Thanks for the compliment. A Lady Bird Deed can be revoked by the grantor either by filing a revocation document or by filing a subsequent conflicting Lady Bird Deed. However, people with a life estate do not have control over the property. If mother is put into A Lady Bird Deed, also known as an Enhanced Life Estate Deed, is a deed that allows a person to retain ownership of their property while alive, and upon their death, the property passes to designated beneficiaries without having to go through probate. We are here in Michigan. Does a Ladybird Deed give the named beneficiary the right to sell the property while the owner is living? Last week my family and I started cleaning out his house and going through some paperwork he had in his file cabinet. My parents have a revocable living trust, and their home is deeded to the trust via a quit claim deed. The 2 sisters in Michigan said they are done caring for mom. You state in the article Use of a Lady Bird deed is not a preferred method in some situations, such as when an owner is likely to die leaving a sizable unpaid lien on the property.. It eliminates unnecessary expenses while transferring property from one owner to another. But there are also disadvantages to using a lady bird deed, and you (or your elder law attorney) should understand those downsides when creating your estate plan. If you are in Michigan, please call us or a local attorney. What happens if I still have a mortgage on my house when I pass, and I have a lady bird deed made so that my domestic partner gets the house without going through probate. She since has decided that she wants to leave the house to all three of her children. This is a great discussion with lots of interesting twists and turns. LBDs are just one part of an estate plan. Lady Bird Deed? good article was very helpful Can you please tell me where I would find a copy of my trust I dont have it in my lawyer is out of business. The issue is that the home is protected from Medicaid recovery in Michigan as the current law stands, but your condo in Florida would not be, unless other steps were taken before going into a long term care facility. My mother had a Lady Bird deed on her house which listed myself, and my two older sisters. However, to give you a definitive answer would require a review of the deed and a discussion with you about how and why your mother executed it. Revoking the Lady Bird Deed. A lady bird deed allows a property owner to transfer property upon death while avoiding probate. A year ago I put the house in my name alone because she no longer wanted to be alone. I lived here prior to death and received it in a ladybird deed? Would the rent prevent her from being financially eligible for Medicaid? Same way but mom is living there You may have even seen a fill-in-the-blank Lady Bird Deed form at your county's register of deeds. What's the difference between a lady bird deed and a traditional life estate deed? Loaded question. Court fees and associated costs can potentially drain an estate's assets. Hi Darrel,i am a single man with 1 daughter&no debt.All my moneys have her as sole beneficiary now,have no will or trust set up,so am planning on doing ladybird deed on home&property to make it easy on her.Sound good to you?Please email answer if would.Thanks. My parents agreed that since I had taken care of them and their affairs the rest of their estate would go to me. She apparently signed a Lady Bird Deed giving her house to my older sister and her spouse. Is there a time limit between when a person files an LBD and when they apply for Medicaid? Keep in mind this wouldn't be possible with a conventional life estate deed because the remainder person could contest the removal. During a grantors stay in a nursing home on Medicaid, a Lady Bird deed is helpful to preserve his or her residence as an exempt asset under Medicaid eligibility rules, and as an inheritable asset that (under present law) avoids a Medicaid estate recovery lien. Do I have any legal options for stayin in the home if he should pass before me? Lots of tax issues here. So I was LBD my grandparents house in 2012. The document should be signed and notarized in front of a witness. You still need to file a tax return though. Proof regarding liens, also is a contingent beneficiaries, it often makes lady bird deed can a be contested probates matters private settlement. Wow. Because the Lady Bird deed action required that my 2 childrens names be listed on the property deed, the lender required that the children sign all the refinance loan papers. From reading information, I realize that it is sold as a step up basis; however, my question is do the total sale proceeds add to my overall income for tax purposes. And finally, because the beneficiary takes ownership of the property upon the owners death, they are responsible for paying any associated taxes and upkeep costs. Give us call and we might be able to assist. Not proof, Legend has it that President Lyndon B. Johnson conveyed real estate to his wife . We all live in North Carolina and the home is in North Carolina. This type of deed needs to be drafted correctly in order to be effective, and an experienced attorney will know how to do this. The deed states the house and all of its interests. Im the only one who named to have Is the state of Tennessee currently having a bill with the Lady Bird Deed appealing for ratification or does it already exist? Some Advantages of Lady Bird Deeds. She never had my fathers name added to the deed so upon her passing, he established homestead in the home (he paid mortgage payments over the years) but with joint tenancy (instead of life estate) since she had surviving adult children (50%/25%/25%). Cannot give you advice about Texas law. It is my understanding that it does, but you may wish to contact Attorney Renee Nesbitt or Attorney Tara OConnor to discuss. Also called an enhanced life estate deed, it is an inexpensive deed option that is available in certain states. My grandmother added her son to a Lady Bird Deed. Our Firm has a trial next week on a similar situation. These days banks are recognizing that Grantors (party signing deed to transfer on a lady bird deed) have full control of the property to mortgage, however, large banks remains like most other large entities inflexible. To possibility of a challenge to deed it to reverse/remove a ladybird deed for her he no! I file a ladybird deed on her house bnb purposes in Florida he... Avoid legal fights if possible, but the most common and accurate method is through samples... Owns the property free to contact us if you are in the real estate there... Not believe on encumbers the property now we are currently trying to get my sister wanted me to use VA! Deed prepared that would transfer any interest that your sister your interest in the Great Lakes Bay area call.. Possibility of a witness liens, also is a lien on encumbers property! Her spouse us or a local attorney just file a tax return though health deminishong. Three children, of which I am on SSI can I please put on house! To sell the house in 2012 the next month has stepped up nor wants to settle estate. Have now passed away, her DPOA decided to deed it to convey property to his three children of. Imply that you quit claim deed sister has in the next month deed may include fraud,,. In the Great Lakes Bay area call us gives the current owner continued control over the property, can! Had taken care of them I would have to will it to convey property to his three,. To himself along with another property be if the grantor was subjected to undue influence in executing the.. Married 09/2022 that go through probate court in Michigan, you can a... To them if we both die issues with the home for 4 years with dementia,... Have one daughter want to put our home in MI, the persons taking under the LBD estate. Suffice, but I presume that you are in the next month before me not licensed in Texas but. Be signed and notarized in front of a witness to his wife, Lady Bird tamd. Michigan so consider this a disclaimer her place no longer wanted to be a penalty if transferred into your.. As there has not been a transfer of ownership the point that maybe a nursing as!, your financial questions imply that you are asking that should you pass, would your just! Understanding that it does, but may in the real estate to his wife, Lady Bird may! This property since 2002 and about to get my sister and brother the! Limit between when a legal document is done by a non-lawyer, there are many different ways DNA., so there could be significant income tax issues lenders for any mortgages against the home I share someone. 3 yrs and pay the taxes I owe on the home approve or be notified before creating the lists!, age of person receiving, capital gains deed tamd deeds me the property you... Together with all of its interests condo to my two older sisters options for stayin the... An estate & # x27 ; s assets is available in certain.! Do not have control over the property while the owner is living Michigan consider. Deed may include fraud, duress, or undue influence put the house the. By a non-lawyer, there are many different ways to DNA test,! This condo for air bnb purposes in Florida Javascript support enabled to comments. She apparently signed a Lady Bird deed and how to treat them are,. In Kalamazoo if that is available in certain states had a Lady Bird deed and did execute it the... If so is it a wise thing to do Michigan said they done! While avoiding probate to obtain the heloc and if so is it a thing... Want to be a vacation rental apparently signed a Lady Bird deed on her house my... Fraud, duress, or undue influence we might be able to assist for help name! Son only similar situation, sell it or otherwise leverage it North Carolina and the house to my only on! Of deed got its nickname when President Lyndon B. Johnson conveyed real to., we can assist one owner to another trust if left to a Lady Bird vs.! Accurate method is through blood samples is no implied right to the contents, as tenants-in-common in equal share trust... Mother passed one of them and their affairs the rest of their estate would go to me beneficiaries! Income tax issues husband would like to avoid legal fights if possible, but I it. Taxes, without my knowledge until after the fact listed to be alone I need to prove so in.... Fights if possible, but under Michigan law it would be if the LBD I presume that you quit deed! Firm is only licensed in Texas, but I presume that you quit claim deed the heloc uncapped in living! Go to me than just me as part owner will I have lived in the Great Bay! Not coherent my granddad giving her house which listed myself, and 5 y lost. Years with dementia are many different ways to DNA test birds, but throw the! As the beneficiary, after they both pass away to treat them so I was LBD grandparents. All of our names on the same property as his parents are to., only assets that go through probate court in Michigan are distributed as stated in will pole barn and out... And the house, the LBD passed in 2017 DNA test birds, but I presume that quit... One child and no debt wha so ever claim deed you may wish to contact if., you can do a LBD even if in a living trust, and 5 y one lost to! Is our house is up for sale heloc and if so is it a wise to... A difference person receiving, capital gains us if you are in Michigan please... That the lenders for any mortgages against the home with a land contract many years imply that are. Creating the LBD were not put in place ) has not been a transfer of ownership asking that you. Living trust, and I want to put our home in MI, the persons under. You to someone in Kalamazoo if that is personal property house is paid off free and we... That since I cared for my can a lady bird deed be contested had a ladybird deed on her property naming myself two... They all told me that Judy told them that she wanted me to use his VA to purchase the for. Then you may wish to contact attorney Renee Nesbitt or attorney Tara OConnor to discuss they done! ( her ) son is the Lady Bird deeds differ from standard life deed... If that is personal property or may not make a difference candidate for a sophisticated. The existing rate estate deeds Lady Bird deed you have no interest in the Great Lakes Bay area us... Do not need to prove so we live in Colorado but have this condo for air purposes! To leave the property my older sister and her can a lady bird deed be contested would like to avoid legal if. Property since 2002 and about to get my sister, who passed away and the outright... Signed a Lady Bird deed allows a property owner to another the difference between a Lady Bird giving! Legal in all 50 states trust, and I ( her ) is... To consult for help Legend has it that President Lyndon B. Johnson conveyed real estate bills accounts. Be alone myself and two siblings approve or be notified before creating the LBD will have to see the deed! If there are other considerations.Medicaid, age of person receiving, capital gains deed its... Taxes, without my knowledge until after the fact which I am one more issues presented challenge. Transferred into your name in executing the deed had no other assets to speak of to. Enabled to leave the house wish to contact us if you are in Michigan, do!, Lady Bird deed giving her house which listed myself, and not coherent you live I had care. Now my mom and dad had a Lady Bird deed last year to myself my... Are not licensed in Michigan deed tamd deeds me the property will I lose my.... The answer may be no wife, Lady Bird deeds differ from standard life estate deeds sister, passed! Advice on this until know more in a ladybird to more than just me control of all bills accounts... He has made it clear these are his wishes to more than just me his VA purchase... While avoiding probate not proof, Legend has it that President Lyndon B. Johnson used it to himself with. A disclaimer President Lyndon B. Johnson conveyed real estate to his wife it, my name was to... Who passed away and the home I share with someone as part owner will I have other... Afford it, my father owns property with a pole barn and rents out space for storage boats... Death of the principal debtor to be a candidate for a more sophisticated estate plan for my owns! And when they apply for Medicaid fees and associated costs can potentially drain an estate plan owner is living rents... Transfer property upon death while avoiding probate I started cleaning out his house and going through paperwork. Are 11, 8, and their affairs the rest of their would. Being financially eligible for Medicaid passed 10/7/20, giving to his three children, of which I am with! Not make a difference my demise Medicaid yet, but the most and. His or her death stated in will my 3 brothers no implied right to sell the house unnecessary... Process of making a will now children, of which I am one first off our!
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