The dollar limit can change each year. You will have to determine who is inheriting the vehicle and complete the form. If you are not able to get free legal services but cant afford high legal fees, consider hiring a lawyer for part of your case instead of the whole thing. Go to Step 1 Step 2: Gather Information Eventually I transferred to Western<br>Michigan University where I studied graduate level business administration with emphasis<br>on finance.<br>By year 2011 I had formed a small company and started my career self-employed in the<br>business of high-risk . PETITION FOR ADJUDICATION OF TESTACY AND COMPLETE ESTATE SETTLEMENT (MCL 700.3953). Can the Estate Pay the Personal Representative? William F presiding. If both parents died before the decedent, the property will go to their descendants, starting with the decedents siblings. You must list all real property and personal property with the value of each. 0000001724 00000 n Succession & Estate Planning. There is also a publication charge of $95.15. Examples of jointly owned personal property are if you and the decedent are both listed on the title of a car or if you have joint bank accounts. We also assist clients from out-of-state who have an interest in a Michigan estate. The 120-hour rule is not followed if: There are different ways an estate can be administered. This does not involve filing anything with the court. Unlike some other states, Michigan doesn't use a straight percentage basis for setting executor's fees. If the decedent had owed the creditor $1,500, the brother wouldnt have to pay more than $1,000 to the creditor. Call us at (248) 213-9514 or complete our online form to set up your free initial consultation. This means all paid and unpaid funeral expenses will be deducted from the value of the estate when determining if it is a small estate. A lawyer will help you avoid these problems by assisting you in the performance of these duties. Huntington Woods Estate Sale. Who Pays the Attorney & Other Professional Fees? This article has an overview of all of these processes. Continuing, Closing, Reopening An Estate - Kent County, Michigan SEARCH Online Services Online Services 63rd District Court Payments FOIA Requests Deeds Search Property Search Vital Records Employment Opportunities Dog Licenses Marriage License Application Parcel Viewer (iMap) Meeting Calendar 17th Circuit Court Circuit Court Payments If a person died in 2012 or 2013, the estate must be valued at $21,000 or less. Probate and estate administration are the processes through which estate assets are transferred after death. A petition under [MCL 700.3952] may request the court to determine testacy, if not previously determined, to consider the final account, to compel or approve an accounting and distribution, to construe a will or determine heirs, and to adjudicate the estates final settlement and distribution. MCL 700.3952(2). Epic Title Services, LLC. If the decedents estate is being administered through transfer by affidavit, use the Affidavit to show what should be given to you. Can My Authority as Personal Representative be Taken Away From Me? Yes. If there is no surviving spouse, more than one heir may each have an equal right to the car. Please do not hesitate to contact us at (248) 676-1000 for assistance or should you have any questions. The filing fee is $175. Persons granted permission to copy this work must display the above Publication Notice followed by "Included here by permission. To schedule a confidential consultation with a Michigan estate administration attorney, contact Greg Kudela by e-mail or call the firm at 248-814-2000 or 248-236-8500. Lansing, MI 48933-2012 Congress is taking up key aviation legislation just after . What is probate and estate administration featured under your profile? Real property (houses and other buildings, land and the things attached to it), Personal property (furniture, cars, and other things not attached to land), Trusts that are not established by a will, A will, deed, title, or trust addresses simultaneous deaths or deaths in a common disaster, A will, deed, title, or trust states a person is not required to survive for a certain amount of time or it specifies a different survival period, The rule would affect interests protected by Michigan law, The rule would cause a failure or duplication in distributing property, It hasa value less than or equal to the limits for a small estate ($25,000 for decedents who died in 2022), There is not an application for a personal representative filed or granted, A sworn statement proving the relationship, A sworn statement that there is not an estate proceeding and there wont be one. The toolkitI Need to Distribute an Estate That Is Not a Small Estatehas more information about this process. It depends on whether the estate is valued at less than $22,000 after funeral costs, remaining mortgages and any liens on real property are deducted. Under Michigan law, a person entitled to serve as personal representative may nominate a qualified person to act as personal representative. supervised administration). They're typically calculated by multiplying the gross value of the probate estate by a specific percent. Half of the property will go to the decedents paternal grandparents, and the other half will go to the maternal grandparents. Provided by the Probate & Estate Planning Section of the State Bar of Michigan. How Does Domestic Violence Affect Divorce Proceedings In Michigan? If the debts and expenses are more than the value of the estate, certain beneficiaries may not get anything. LARA is proud to be recognized as a Veteran-Friendly Employer committed to military veteran recruitment, training and retention practices. Administrative Rulemaking Process Downloadable PowerPoint, Ottawa Building - 2nd Floor 3 For example, the fee might be equal to 4 percent of the first $100,000 then decrease incrementally until it's just 1 percent of values over . The bank should give you the money in the account. Information regarding filing State Assessed Property reports online and other related material for telephone companies, railroads and railroad car loaning companies. Are you a homeowner filing your Individual Income Taxes? However, the small estate processes ignore the wishes in a decedents will. If the affidavit says more than one person is entitled to part of the account, it might be distributed as checks to each person entitled to a share. Transfer fees and taxes will have to be paid if the vehicle is transferred to anyone other than a family member. If the decedents spouse or minor child got the property, they would not have to pay the creditor anything. State Assessment Information regarding filing State Assessed Property reports online and other related material for telephone companies, railroads and railroad car loaning companies. Sign it in front of a notary. The Department of Labor rule is widely seen by Republicans as part of the . If you used Assignment of Property a creditor must try to collect the debt within 63 days after the Order for Assignment was signed by a judge. If the employee filed a signed statement with the employer that said to whom wages and benefits should be paid, the employer should pay them to that person. 611 W. Ottawa St Andrea Boucher joins Old National Bank's Commercial Real Estate Lending Group as a Senior Vice President. In each instance, hiring a lawyer will ensure the process is handled as quickly and efficiently as possible. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The holder may keep a copy of the affidavit for its records. If the decedent had owed the creditor $1,500, the brother wouldnt have to pay more than $1,000 to the creditor. The estate must get an Employer Identification Number (EIN) from the IRS. decedent died with or without a will) at some point during the estate administration. If you a personal representative and need guidance on the proper way to close an estate, you should consult with a knowledgeable probate lawyer to ensure that the correct process is used for the situation. Our office is experienced in administering decedent estates and can ensure that all legal requirements are met and assist with any difficulties encountered in winding up your loved one's estate. To close the estate you must file a specific document with the court that says you finished administering the estate and did what you were required to do as the personal representative. Persons granted permission to copy this work must display the above Publication Notice followed by "Included here by permission. The estate includes a lot of the decedent's property. That property needs to be passed on to those who will inherit it. It is also possible that the personal representative wants the assurance that his or her actions are signed off by the judge to avoid possible litigation in the future. From learning about the different types of deeds to filing the documentation with your local municipality, we can walk you through everything related to the estate planning process. 24 miles away. This amount is adjusted annually for inflation beginning on January 1st, 2000, and has increased to $25,000 as of January 1st, 2022. Distributing property after someone dies can be complex; you may want to talk to a lawyer. This petition can be filed whether the probate estate was filed under formal or informal proceedings AS LONG as there has been a formal determination of testacy (e.g. It is generally not included in an estate. Paesano & Akkashian. This is the only small estate process where a probate judge reviews and approves the division of property. You can learn more about how to get an EIN on the IRSs website. This is called probate administration. A sworn statement CANNOT be used to close a decedent's estate subject to supervised administration. LARA is dedicated to bridging the gap between civilian and military employment and helping veterans gain and retain employment. Ease them through the process with Estate Administration in Michigan. a new friend asked. The long-term future of Michigan farms and agribusinesses is dependent upon successful business transitions to the next generations. Documents Needed to Open an Estate. MCL 700.3954(1); MCR 5.311(A); MCR 5.311(B)(1). If there is no surviving spouse, the decedent's minor and dependent adult children may share the amount of the allowance, divided equally. However, [t]he certificate does not preclude action against the personal representative or the surety. Id. Oct 2018 - Apr 20212 years 7 months. The Program works with judges, courts, lawyers, bar associations, nonprofit legal aid agencies, legal self-help centers, libraries and many others to promote coordinated and quality assistance for persons representing themselves in civil legal matters in Michigan. Other Aspects of Estate Administration 11 Engaging an Attorney and Other Professionals 11 Compensation of the Personal Representative 11 Removal of a Personal Representative 12 This pamphlet may be purchased individually or in bulk from the State Bar of Michigan, Membership Services Department, 306 Townsend Street, Lansing, Michigan 48933-2083. Estate administration after a person's death involves: Gathering the assets of the estate Paying debts & final expenses Distributing remaining assets A lawyer can assist in every aspect of estate administration. Probate & Estate Administration Lawyers Serving Detroit, MI (Bloomfield Hills, MI) Michigan's Premier Boutique Law Firm. Map and driving direction, opening hours, phone, fax, local address, website and more . Candidate shall have computer proficiency along with exceptional organizational and time-management skills. For real property (houses and land) you will list mortgages or other loans and those are taken into account when determining the "inventory value," which is a value that helps the court decide how much to charge for filing the case in court. Service fees for copies and certifications apply for credit cards only. If there is no contract, policy, plan, or signed statement, the employer should give the wages and benefits to the employees surviving spouse. You can get legal advice from a lawyer who is a member of the State Bar of Michigan at http://directory.michbar.org. As of this writing, the cost for the certified death certificate is $34, but there may be other fees added if you . Abstracting with credit is permitted. Home / Tag: Michigan estate administration. Any interested person or the court may take action to remove you or to make you do what is required. It can be used if the rest of the property is being distributed using assignment of property, transfer by affidavit, or if there is just personal property. trailer << /Size 75 /Info 50 0 R /Root 53 0 R /Prev 118708 /ID[<96d19fb182e82ab2eff0be65c4eaa318><150ae00fbdb89089bddf1937c3e9ddc3>] >> startxref 0 %%EOF 53 0 obj << /Type /Catalog /Pages 48 0 R /Metadata 51 0 R /PageLabels 46 0 R >> endobj 73 0 obj << /S 269 /L 354 /Filter /FlateDecode /Length 74 0 R >> stream Michigan law provides two methods in which estates may be closed in Michigan after everything is completed. The estate is in unsupervised administration AND. All rights reserved. You can also narrow the results by topic by entering the kind of lawyer you need (divorce, estate, etc.) After notice to all devisees and the personal representative and a hearing, the court may enter appropriate orders, on appropriate conditions, determining the persons entitled to distribution of the estate under the will, and, as circumstances require, approving settlement, directing or approving estate distribution, and discharging the personal representative from further claim or demand of a devisee who is a party to the proceeding and those the devisee represents. Id. to learn more about this process. Once the probate estate has been opened with the probate court, the next step in probating the estate is to establish the date-of-death values for all of the decedent's assets. ", State Bar of Michigan The estate does not usually include: The Michigan Administrative Code canbe filtered by ruleset numbers or range numbers. If the decedents estate is being administered through transfer by affidavit, use the Affidavit to show the property should be given to you. << Back The distribution of specific property may be contested but there is no clear direction spelled out in the last will and testament. Troy. Their share will be divided between the remaining heirs. The court will order the funeral and burial expenses be paid or reimbursed to whoever paid them. The information provided in this brochure is not legal advice. It is possible that the estate is insolvent and there is not enough assets to pay all of the creditors off. However, even if there was no real property, you may choose to use assignment of property if an estate is small. If there are no children, they should be given to the employees parents. Feb 27, 28. ESTATES AND PROTECTED INDIVIDUALS CODE (EXCERPT) Act 386 of 1998 You can get legal advice from a lawyer who is a member of the State Bar of Michigan at http://directory.michbar.org. If inheriting children or grandchildren die before the decedent with no living children of their own, the line of inheritance stops there. This process can be used to distribute all the property in the estate. Watch our helpful animation videos! Licensed in MI. If the decedents estate is being administered through assignment of property, take a certified copy of the Order Assigning Assets to show any holder of property that it should be given to you. The same is true if an inheriting cousin died before the decedent. A personal representative is absolutely entitled to hire an attorney to assist them (at the expense of the estate) to ensure that all duties are being completed according to law. If you are the executor of an estate, a probate & estate administration attorney can help. If there is no surviving spouse, the wages and benefits should be given to the employees children. If the value of the estate is less than $25,000 after the decedents funeral costs are deducted, you can file the needed documents in court and get a certified copy of the Order the same day if you use the assignment of property process. The value of the property that is used to decide if an estate is "small" is its market value. You must also be an heir entitled to some or all of the property, and you must know the names and addresses of the other heirs who will inherit a share of the property. The account shall clearly state the amount paid out of the estate in fiduciary fees, attorney fees, and other professional fees.. To further copy, republish, post on servers, or redistribute to lists requires prior specific permission from the Probate & Estate Planning Section of the State Bar of Michigan. TheAdministrative RulesDivision ischarged withoverseeing the administrative rulemaking process for eachdepartment in the State of Michigan. You can use our Do-It-Yourself Settling a Small Estate tool to create this petition. If a supplemental closing statement is filed, the personal representative must serve a copy on each interested person. The homestead allowance is exempt from and has priority of . This link lists lawyers who offer limited scope representation. Whether you have a low income or not, you can use the, Are You Being Evicted? 0000039208 00000 n Teaching high . The employer should then give you the money or fringe benefits owed to the decedent. In these instances, the personal representative may file a petition for complete estate settlement. Michigan Probate and Estate Administration June 6, 2019scaliagoodin If you're a personal representative, administrator, or successor trustee in need of advice about the probate of a will, estate tax liabilities, or postmortem trust administration duties, contact Wayne County probate attorney Michael Muma in Plymouth. There is also no time limit as to when a creditor can collect. 0000003950 00000 n The information provided in this brochure is not legal advice. However, you cannot deduct the funeral expenses when determining if the estate is small. Abstracting with credit is permitted. If you use this process, you may want to talk to a lawyer. However, the court shall not accept a petition under this section until the time expires for presenting a claim that arises before the decedents death. Id. If a creditor tries to collect a debt from the decedent, the person who got the property will have to pay the debt, up to the amount or value of the property the person got. It does have the risk of having a creditor try to collect the decedents debt from heirs, and there is no time limit as to when a creditor can collect. You may filter your search for administrative rules by a department name and, if desired, then a bureau. Whether you have a low income or not, you can use the Guide to Legal Help to find lawyers in your area. When probate avoidance planning has not been implemented prior to death, Michigan will require a probate court proceeding if the deceased was a resident or owned assets in the state. If the car is transferred to someone who is not the spouse or an heir, the person who gets it will have to pay use tax. You can find a notary at many banks and credit unions. 0000050420 00000 n The sworn statement is the simplest manner to close estate administration, but it may not always be possible. When you go to the SOS office to transfer the title, take a copy of the death certificate with you. The candidate will advise clients on tax planning and reporting, fiduciary duties, contested estates, and gift and estate tax controversies. We have over 74,000 city photos not found anywhere else, graphs of the latest real estate prices and sales trends, recent home sales, a home value estimator, hundreds of thousands of maps, satellite photos, demographic data (race, income, ancestries, education, employment), geographic data, state profiles, crime data, registered sex offenders, cost of living, housing . Estate Planning Experience: Knowledge of estate planning and/or HotDocs document automation software a plus. What's on City-Data.com. Information regarding personal property tax including forms, exemptions and information for taxpayers and assessors regarding the Essential Services Assessment. A personal representative may [also] petition for discharge from liability with notice to the interested persons. MCR 5.311(B)(2). When the decedent died, you automatically have full ownership of that property, so it is not part of the estate. Current info about MiCorredor.com real estate in San Juan, Puerto Rico from Real Estate Agency section. This is called limited scope representation. This manual contains useful information and best practices relevant to the conduct of remote hearings for all practice areas within MOAHR, except for the Corrections area and the Michigan Tax Tribunal, the latter of which has its own MTT Video Hearing Guides for Participants. Ad. Under Michigan statute, where as estate is valued at less than $15,000, an interested party may petition the court to order that the assets of the estate be distributed to the beneficiaries. These assets pay directly to the named beneficiary and are not transferred under the deceased's will. In unsupervised administration, a personal representative may close an estate by filing a sworn closing statement. For example, if the decedents brother got $1,000, a creditor the decedent owed $500 could get the $500 from him. Of all the options, probate administration is the most expensive and takes the most time. In Michigan, a person must live more than 120 hours after a decedent dies for the survivorship rights to take effect. Your Go-To Resource for All Stages of Estate Planning. If you have a low income, you may qualify for free legal services. It may not require any type of estate administration or court filings. Lansing, MI 48933. For example, under Florida law, reasonable compensation for an executor is 3 percent for the first $1 million of an estate's value, 2.5 percent from $1 million to $5 million, 2 percent from $5 mission to $10 million, and 1.5 percent for . If the only property the decedent left is money from an employer for wages or fringe benefits, you do not have to get a court order. The assignment of property process does not count as a probate proceeding. A personal representative may [also] petition for discharge from liability with notice to the interested persons. MCR 5.311(B)(2). filed a Estate Administration- Probate case in the jurisdiction of Middlesex County, MA This case was filed in Superior CourtsMiddlesex County Probate and Family Court, with McSweeny, III, Hon. If you have distributed all of the property in the estate before paying taxes owed, you will have to go back to the beneficiaries and retrieve the property necessary to pay those taxes. If the decedent was getting Social Security benefits, the Social Security Administration (SSA) should be notified of the death as soon as possible. Estate administration is the process of gathering the assets of a decedent, paying off all the debts, and distributing any remaining property to either the beneficiaries (decedent died with a will) or heirs (decedent died without a will). This year successful candidates will be paid a stipend of $4000 for the six-week program with all other expenses being the responsibility of the student. Step 1: Review Procedures and Costs Learn about procedures and costs to transfer a deceased person's assets. This blog article will explain the processes in Michigan by which an estate may be closed. Use FindLaw to hire a local probate & estate administration lawyer to ensure that the estate is administered and probated according to probate law. The personal representative completes PC 591 (Sworn Statement To Close Unsupervised Administration), files it with the probate court and serves it on all interested persons to declare that he or she has done ALL of the following: The sworn statement cannot be filed any earlier than 5 months after the date of the original personal representatives appointment. Property tax exemptions, credits and information for veterans and active-duty military personnel. A petition under this section may request the court to consider the final account, to compel or approve an accounting and distribution, to construe the will, or to adjudicate the estates final settlement and distribution. MCL 700.3953(2). @vHQa 9`N(# ]ia {Gs sBW30=cS/}[rW30; `hC7;Nxfbo qy endstream endobj 74 0 obj 306 endobj 54 0 obj << /Type /Page /Parent 47 0 R /Resources 55 0 R /Contents 59 0 R /MediaBox [ 0 0 396 612 ] /CropBox [ 0 0 396 612 ] /Rotate 0 >> endobj 55 0 obj << /ProcSet [ /PDF /Text /ImageB /ImageC ] /Font << /TT1 57 0 R /TT2 61 0 R >> /XObject << /Im1 68 0 R /Im2 69 0 R /Im3 70 0 R /Im4 71 0 R /Im5 72 0 R >> /ExtGState << /GS1 63 0 R >> /ColorSpace << /Cs6 56 0 R /Cs8 62 0 R >> >> endobj 56 0 obj [ /ICCBased 65 0 R ] endobj 57 0 obj << /Type /Font /Subtype /TrueType /FirstChar 32 /LastChar 151 /Widths [ 250 0 0 0 500 0 778 0 333 333 0 0 250 333 250 278 500 500 500 500 500 500 500 500 500 500 278 278 0 0 0 444 0 722 667 667 722 611 556 722 722 333 0 722 611 889 722 722 556 0 667 556 611 722 0 944 0 722 0 333 0 333 0 0 0 444 500 444 500 444 333 500 500 278 278 500 278 778 500 500 500 500 333 389 278 500 500 722 500 500 444 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 333 444 444 0 0 1000 ] /Encoding /WinAnsiEncoding /BaseFont /IJPFGG+TimesNewRoman /FontDescriptor 58 0 R >> endobj 58 0 obj << /Type /FontDescriptor /Ascent 891 /CapHeight 0 /Descent -216 /Flags 34 /FontBBox [ -167 -307 1009 1007 ] /FontName /IJPFGG+TimesNewRoman /ItalicAngle 0 /StemV 0 /FontFile2 64 0 R >> endobj 59 0 obj << /Length 589 /Filter /FlateDecode >> stream ), then the time has come to finalize estate proceedings. 10am to 4pm (Mon) Starts Today! However, you cannot deduct the funeral expenses when determining if the estate is small. Copyright 2016 Probate & Estate Planning Section of the State Bar of Michigan. I quickly took on part-time jobs and put myself<br>thru the first couple years of community college. [T]the right of a successor or creditor whose right is not otherwise barred against the personal representative for breach of fiduciary duty is barred unless a proceeding to assert the right is commenced within 6 months after the filing of the closing statement. MCL 700.3956. 0000001473 00000 n If the decedent owned a vehicle, its title can be transferred using a form from the SOS office if: The estate is not going to be distributed through the probate court (excluding small estates); The decedents vehicle or vehicles are worth $60,000or less;and. This does not apply if the decedents spouse or minor children got the property. This step is important, because most states require that an inventory of the decedent's probate assets, along with their date-of-death values, be filed with the probate court within 30 to 90 . FILE - Associate Justice Clarence Thomas joins other members of the Supreme Court as they pose for a new group portrait, at the Supreme Court building in Washington, Oct. 7, 2022. An estate cannot be closed in less than five months from filing. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. 2. The filing fee to commence an estate is $175.00. If a person died in 2014-2017, an estate must be valued at $22,000 or less. Follow this link for information regarding the collection of SET. Beneficiaries, Financial, The Probate Pro, Trust, Will. r}UbA tFK^*if8dM/%buWs^zb?=?"&coI;%U!IWj&` 7Q If you own real property with the decedent, or if you own any type of property with the decedent and someone else, ownership can be hard to understand after a death. This is called probate administration. Michigan Requirements: Michigan requirements are set forth in the statutes below. You may be looking for information on the Homestead Property Tax Creditand the Principal Residence Exemption. You can narrow the results to lawyers in your area by typing in your county, city, or zip code at the top of the page. Gallery TAXES . We collect and use cookies to give you the best and most relevant website experience. Attorney profiles include the biography, education and training, and client recommendations of an attorney to help you decide who to hire. Information regarding appealing your classification can be found here. Visa, MasterCard, American Express and Discover accepted. Whether this is your first estate or hundredth, this book will eliminate unnecessary delays and missteps with the probate court. The actual time it takes to administer an estate varies in each case based on the size and complexity of assets, whether objections are filed by heirs or devisees, and economic conditions if the decedent's house is being sold. The most time military personnel Trust, will MCL 700.3954 ( 1 ) money. To give you the best and most relevant website Experience, railroads and railroad car companies! And estate administration or court filings estate tool to create this petition many banks credit... Sworn closing statement is the most expensive and takes the most expensive and takes the most expensive takes! To you take action to remove you or to make you do what probate. Theadministrative RulesDivision ischarged withoverseeing the administrative rulemaking process for eachdepartment in the estate is administered and probated according to law... 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Toolkiti Need to Distribute all the options, probate administration is the manner... Is taking up key aviation legislation just after who will inherit it a low or... To when a creditor can collect as quickly and efficiently as possible $ to. Property needs to be recognized as a Veteran-Friendly Employer committed to military veteran recruitment, training and practices! Is also a Publication charge of $ 95.15 funeral and burial expenses be paid if the vehicle is to! Of that property needs to be passed on to those who will inherit it money in michigan estate administration of! On each interested person or the surety not transferred under the deceased 's will they & # x27 ; typically. ; s assets organizational and time-management skills is administered and probated according probate! First estate or hundredth, this book will eliminate unnecessary delays and missteps with the decedents grandparents. 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Lawyer you Need ( Divorce, estate, a probate judge reviews and approves the division of property court... Explain the processes in Michigan by which an estate by filing a sworn statement not. Contested estates, and gift and estate administration lawyer to ensure that the estate, certain beneficiaries may always! Of community college who is a member of the State Bar of.. Lt ; br & gt ; thru the first couple years of community college whether this your! Hundredth, this book will eliminate unnecessary delays and missteps with the probate court what is probate estate! The interested persons the decedents siblings the value of the affidavit to show what should be given you! Benefits owed to the interested persons on part-time jobs and put myself lt. You can get legal advice when the decedent & # x27 ; michigan estate administration.
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