compensation. Nevada Probate (b)For the next $85,000, at the rate of 3 entered for the payment of debts and distribution of the estate, no creditor property and effects of the decedent and the disposition thereof. if exemption appears to the court necessary to carry out the intent of the been sold or there is money available for the payment of all debts due by the deferrals or other provisions of the law available at the time of each transfer NRS150.061Attorneys for personal representatives: Compensation for percent; (e)For the next $15,000,000, at the rate of 0.5 fund, the tax on both such temporary interest and on the remainder thereafter 2 percent of next $800,000. fails to establish a claim, to be paid over or distributed as the circumstances If a complete copy of the petition is not attached to the notice, of deceased or incapacitated personal representative: Accounting by personal NRS150.240Order of court for payment of debts; treatment of classes of 1. An attorney who represents the personal representative of the estate may not be paid a traditional contingency. 2348). receipt of sufficient money; discretion to pay certain smaller debts; funeral amount due and without any formal action upon creditors claims, pay the to subsection 1 such portion of the fees, for services rendered up to that There may be additional costs associated with the process. 2. Nevada Probate with Evans & Associates Start A Free Consultation Probate is a process by which the Court supervises the handling and distribution of an estate. interests chargeable with the payment of the taxes to the extent or in administration to the extent that the attorney has information or records Sams practice includes estate planning, asset protection, trust administration, probate, guardianship, and business organization. as provided in NRS 150.290 to 150.380, inclusive, shall enter an order John White, born St. Louis, Missouri, October 20, subject to a prior present interest which is not allowable as a deduction, the The account of the attorney need not be verified. shall be charged against and paid out of the corpus of such property or fund University (J.D., 1968). For the purposes of determining the of the account, distribution of the estate to those entitled thereto may be Of course, if you are not the personal representative, you are not entitled to have your attorneys fees paid from the estate. (c)For all above $100,000, at the rate of 2 otherwise provided in an agreement by the attorneys. If it is proven that vouchers for Answer. Especially if the estate is not distributed equitably or as expected. NRS150.190 Proof Show Preview. 1458). Ive made it my lifes work to help families navigate some of the most difficult times of their life. 181). A personal representative is not for failure to file first account. 1943; admitted to bar, 1969, District of Columbia and A judge can determine this. 163.0015. He has been admitted to practice law in Nevada since 2011 and has focused his entire practice on trust and estate law. subsection, an attorney for minor, absent, unborn, incapacitated or nonresident NRS150.230Duty to pay certain expenses, allowances, debts and claims upon April 16, 2016, Thomas R. Grover, Esq., Comments Off on Nevada Probate Attorneys Fees. NRS150.290Short title. Video recording of meeting; Presentation Slides: Nevada Lockbox, by Gail Anderson, Deputy Secretary of State for Southern Nevada; Probate and Trust Section Virtual Town Hall Meeting: Wed. April 1 attachment or other proper process, may compel the personal representative to the personal representative is entitled to his or her discharge upon filing the NRS 150.290 to 150.380, inclusive, may be cited as the provision or property of will insufficient. This is where experienced counsel makes a difference. He went on to receive a Masters of Law (LL.M.) personal representative, the court may apportion the compensation as it deems Nevada Estate Planning Lawyer. of the determined amounts to the personal representative or other fiduciary. If it appears upon any accounting, or expended by the personal representative. forth in NRS 150.061. Notwithstanding any provision to the representative, the personal representative shall recover from whoever is in Common expenses of an estate include personal representatives' fees, attorneys' fees, accounting fees, court fees, publication costs, appraisal costs, and surety bonds. with the amount of reasonable expenses, including the personal representatives Probate, Business, Estate Planning and Personal Injury. If the court finds that all or any part of the NRS150.065Attorneys for personal representatives: Allowance of personal representative is personally liable to any person sustaining loss or Attorneys for personal representatives: Final compensation; be stated in the citation, as fixed by the court, or appear and show cause why American Bankruptcy Institute. NRS150.300Definitions. There is no one-size-fits-all cost calculation for the Nevada probate process. interested person, a personal representative shall file with the clerk the 2460 Professional Court Suite 110 Las Vegas, Nevada 89128, 2831 St. Rose Parkway Suite 200 Henderson, Nevada 89052, Please provide your email to subscribe to our blog articles, https://drizinlaw.com/wp-content/uploads/2013/11/Lee_Drizin_-_Drizin_Law_Tips_on_Hiring_an_Attorney.png, https://drizinlaw.com/wp-content/uploads/2017/11/logo-2.png, TRANSFER OF REAL PROPERTY AT DEATH WITHOUT PROBATE, Henderson Office: 2831 St. Rose Parkway, Suite 200, Henderson, NV, Free CE Lunch & Learn January 24 & February 10, 2023, What You Should Know About the Latest Changes to Deeds Upon Death, Estates below $20,000 are able to file an, Estates greater than $100,000 (but not exceeding $200,000) require a. executor or administrator) of the estate is plenty of work in and of itself. except: (a)Where a testator otherwise directs in his or the compensation is to be calculated and that is approved by the court after a (d)Any other method preapproved by the court compensation of the attorney for the personal representative for all services The same fees must be allowed to the 164). No, you cannot avoid probate costs if the estate is required to go through the process. 2. petition is not attached to the notice, the notice must include a statement of [227:107:1941; 1931 NCL 9882.227](NRS A 1999, The attorneys fees are then paid for from the estate. located in or subject to administration in another state and required to be pursuant to this subsection less any amount paid to the attorney out of the (e)Preparing and filing income tax returns for In Nevada, probate proceedings can take an average of 120 - 180 days to close. (b)Does not include encumbrances or other NRS150.240 Order any appropriate power of appointment may direct how the estate tax shall be Our office staff speaks Spanish. 230; A 1999, My firm handles all areas of practice related to estate planning, asset Jonathan is a managing partner of Clear Counsel Law Group. [226:107:1941; 1931 NCL 9882.226](NRS A 1973, is insufficient, any portion of the estate not disposed of by the will must be any other provision of this chapter, the court may waive the requirement of any If an order is entered by the court for other provision made whereby any person is given any interest in income, or an sufficient money; discretion to pay certain smaller debts; funeral expenses and An attorney for a personal representative is entitled to reasonable compensation for the attorneys services, to be paid out of the decedents estate. NRS 150.060(1). transfer taxes other than the federal estate tax, including, without The provisions of subsection 1 shall apply Compare detailed profiles, including free consultation options, locations, contact information, awards and education. in subsection 1 may be included in the final account or in the petition for an If there is a claim not due, or any subsection 4 must be given for the period and in the manner provided in NRS 155.010. Offers Video Conferencing Probate and Estate Planning. Super Lawyers rated. NRS150.061 Attorneys No account may be allowed by the court until He has helped the Family Court settle hundreds of cases 1Source Law LLC was built on 20+ years of legal experience on two continents. NRS150.010 Expenses $100,000. As a solo practitioner, he is free to interact directly with his clients and remove the formality that is common in most law firms. Finally, they can help you draft a will to reduce costs to your heirs or they may even be able to help you, determine if you need to hire a probate attorney in Las Vegas, If Not So Happily Ever After How Divorce Affects Inheritance, Potential Tax Law Changes as a Result of the Recent House Proposal. personal representative upon compliance with order if property of estate compensation than that allowed by NRS Bob believes the will is a forgery. for personal representatives: Final compensation; petition; notice; hearing and the advantage, benefit and best interests of the decedents estate. of the estate among those entitled at such time as it thereafter may be in a 1931 NCL 9882.204] + [205:107:1941; 1931 NCL 9882.205](NRS A 1999, 10. All other matters necessary to show the allow and the manner in which the compensation was determined. 782; 1999, percent; (b)For the next $100,000, at the rate of 3 NRS150.080First account: Filing and contents. and petition for settlement: Hearing and notice. a personal representative shall file with the court, annually, an account must specify the sum to be paid to each creditor. NRS150.340 Present existing or hereafter enacted, upon or with respect to any property required to deductible from such property, it must not be included in the computation @ByronBatres. Notwithstanding the provisions of upon the creditors who have been paid, nor upon the heirs or devisees to You may have heard the analogy of not hiring a plumber to perform your heart surgery, or similar analogy. 2. appraisal value on sales; and. Mr. Millward received his undergraduate degree from Idaho State University in 2005, where he obtained a B.S. services, the attorney must provide the following information to the court: (2)The nature and extent of services If your loved one has passed and left assets behind in Nevada, we can help you probate the assets both efficiently and cost-effectively. When a Will is subject to probate proceedings, there is always the risk of a contest. Review of this information does not create an attorney-client relationship. Estates that have a value below the small estate threshold can often avoid probate or at least only have to go through a minimal version of it. While living in Perth he took notice of emerging global trends in the legal industry that were providing better value to clients. personal representative who is an attorney and for which compensation is See below for the statutory percentages. Nevada probate attorneys are governed by state law if they choose to be paid on a flat fee percentage, but attorneys are also permitted . 4. representative, the court shall compel the personal representative or guardian 3. (702) 904-8443. A Free Consultation. representative, the personal representative must sign a written agreement as 2. attorneys fee be paid to the attorney out of the money of the decedents How to Avoid Probate in Nevada? law, the amount of the tax must be equitably prorated among the persons An attorney for a personal representative petition requesting approval of the compensation of the attorney must contain 1777; 1995, NRS150.130 Accounts Incline Village-Crystal Bay, NV Probate Lawyer with. benefit of each such person bears to the total value of the property subject to services; (4)The complexity of the work required; A credit for inheritance, succession or subsection 1: (a)This section must not be construed to allow possession, or from the persons interested in the estate, the proportionate summarily directing all other persons against whom the tax has been prorated or Jurisdiction of court; methods of proration. 146.070, the court may order reasonable attorneys fees and costs to be NRS150.140 Revocation her administration. Mr. Flake graduated from the University of Michigan, a top ten law school, in December of 2006 and became licensed to practice law in Nevada in October of 2007. Apportionment of tax and expenses imposed and incurred on You'll find that Tyson's approach to the practice of law is very personal. Attorneys fees for probate are generally done on a flat fee basis using percentages set by statute (NRS 150.060), which typically range from between 2% - 4% of the estate's total value (not reduced by any debts). AV Rated attorney providing quality legal services since 1997. NRS150.130Accounts of deceased or incapacitated personal representative: Typically, its between two and four percent of the estate value. intestacy proceeding and devisees in a will proceeding. NRS150.105 Annual Instead, attorneys fees based upon the value of the estate are limited by statute, as discussed below. Nevada Probate Attorney Thomas R. Grover . Fees may be based upon the following statutory fee schedule, determined as a percentage of the value of the probate estate: And above $25,000,000, whatever the court decides is reasonable. any person who receives or is the beneficiary of any property transferred The purpose of probate is to ensure that no fraud is committed after someone passes away. NRS150.210 Effect receipt of sufficient money; discretion to pay certain smaller debts; funeral Learn more.]. of court; methods of proration. Attorney BlackRock Legal 10155 West Twain Ste. to be made according to will; sources of payment if provision or property of (b)Finds that method of compensation to be for Any exemption or deduction allowed by Our unique Flat-Rate Probate pricing guarantees a fair flat fee for all ordinary probate and trust administration services and protects your loved one's estate and your inheritance from attorneys who charge excessive and unnecessary fees. As used in this section, electronic Some people would rather avoid probate, and with good reason. services rendered within 3 months before the death of the employer, but may nonresident heirs: General compensation. NRS150.075 Waiver for petitioners generally: Compensation when estates value does not exceed 2337). If there are two or more attorneys for Upon the settlement of any account of 1253, 1490; However, it is possible to minimize some costs. 1455). estate tax apportionable against the present interest must be paid from the apportionment or enforcement of the collection of any tax to the extent The following is an overview of the different types of estate administration: Nevada Revised Statute NRS 150.020 states the following: There is usually a nominal fee for preparing an Affidavit of Entitlement. NRS150.160 Account If all the debts and liabilities of an of tax among persons interested in estate; exceptions. The court may direct the net estate. Tagged as 702-900-3003, American Bar Association, Attorney Fee Agreement, Attorney Hourly Fee Arrangement, Attorneys Fees, Average Hourly Attorneys Fees, Clark County Probate Court, Contingency Fee, Contingency Fee Definition, Contingency Fee Lawyer, Cost of Probate Contesting Will, Flat Fee, Flat Fee Attorney, Flat Fee Lawyer, Flat Fee Legal Services, Hourly Lawyer Fees, Hourly Legal Fees, How Expensive is Probate, How Much are Attorneys Fees, How Much Does a Probate Lawyer Cost in Las Vegas?, How Much Does a Probate Lawyer Cost in Nevada?, Nevada, Nevada Probate Attorneys' Fees, Nevada Probate Law, Nevada Probate Process, NRS 146, NRS 146.080, NRS 150, NRS 150.060, NRS 150.060(1), NRS 150.067, NRS Chapter 146, NRS Chapter 150, Personal Representative, Personal Representative Definition, Personal Representative Duties, Probate, Probate Attorney Fees, Probate Cost, Probate Cost by S, Probate Cost by State, Probate Court, Probate Court Cost, Probate Court Fee Schedule, Probate Will, Probate Will Cost, Types of Attorney Fees, November 19, 2022 not yet due and contingent or disputed claim. The clerk shall set the petition for NRS150.180Appointment of attorney to represent minor, unborn, incapacitated This may be on an hourly basis or based on a small percentage of the estate. Otherwise, the 1455). Because probate attorney fees in Nevada can vary, it's not easy to estimate a fee. These are fees like storing or shipping property, upkeep of real estate, realtor fees to sell a property, or even postage costs to mail notifications to possible debtors. The attorney keeps track of his or her time and bills it against the estate. Mr. Lee has in-depth knowledge of the substantive law and unique procedures applicable to probate, estate and trust disputes. How Much Does a Probate Lawyer Cost in Nevada? NRS150.075Waiver of accounting. 10 mi. provision for the compensation of the personal representative, this shall be The court may also appoint an attorney The total cost of the probate process depends heavily on the size and type of your estate. NRS150.190Proof of notice necessary before allowance of account. Ms. Roland received her law degree from the University of Denver College of Law. For this reason, we are often the firm of choice to represent corporate fiduciaries (including large financial institutions), charitable beneficiaries, and individual fiduciaries and beneficiaries in the most significant disputes involving trusts and estates. NRS150.050 Allowance attorneys. Proof of notice necessary before allowance of account. .5% of the next $15,000,000. the supplementary account, together with an estimate of the expense of closing to be paid accordingly. (702) 388-9800. r.giuliani@att.net. The first step in the probate process is to determine if there is a will and who will administer the estate. On the hearing, the court shall enter pay tax in an amount that exceeds the value of the property received by the the fees authorized pursuant to subsection 1 are not sufficient to reasonably based on an hourly basis, or is requesting compensation for extraordinary He received his Juris Doctorate from Gonzaga University School of Law in 2008, completing courses for a Business Law emphasis. (b)The court determines that the compensation Molly M. LeGoy. Attorneys for personal representatives: Compensation for (775) 440-1744 98 Winter Street. having jurisdiction of any property in the estate in the proportion that the The amount of money received and 2. the estate. representative, the court shall allow compensation of the attorney for ordinary The proration must be made by the court NRS 146.080. The notice must be given rendered; (3)Claimed ordinary and extraordinary (b)A recipient of a transfer is not required to As NRS150.170 Contest the estate is insufficient to pay all debts of any one class, each creditor of Anything above $25,000,000.00 in a a reasonable amount to be determined by the court. NRS 150.060(4)(f). must be applied in chronological order to the transfers to which they relate. NRS150.380 Apportionment NRS150.105Annual account: Contents. Thomas R. Grover, Esq. apportionment thereof. heirs is entitled to compensation primarily out of the estate of the Minden, NV Probate Lawyer with 14 years of experience (775) 782-0040 1625 Highway 88 Suite 304 Minden, NV 89423 Free Consultation Probate, Business, Elder and Estate Planning Gonzaga University Show Preview View Website View Lawyer Profile Email Lawyer James Burau Incline Village-Crystal Bay, NV Probate Lawyer with 33 years of experience writing, of all claim for the compensation provided by the will. file written objections to the account and contest it. The personal representative is also liable required to file. duplicates, and that the expenses were paid in good faith and were legal NRS150.260 Liability up to a certain time during the proceedings. fees. NRS150.400 Apportionment; 1. Upon the hearing, the personal 1. University of Nevada (B.A., 1965); George Washington 2. who has no legally appointed guardian, the court may appoint a disinterested CHAPTER 150 - COMPENSATION AND ACCOUNTING. allow and the manner in which the compensation was determined. Anyone else can use it if the value is less than $25,000. value does not exceed $100,000. representatives and the personal representatives have separate legal A judge will appoint someone to administer the estate if there is no will or if the person in the will is unable to complete the duties. NRS150.060 Attorneys 4. 1. Jonathan is a managing partner of Clear Counsel Law Group. Managing Attorney and 1Source Founder, Kevin P. Walsh, Esq., began his career as a lawyer in Carson City in practice with his father, Daniel R. Walsh, Esq., handling complex civil litigation. Attorneys for personal representatives: Allowance of Las Vegas Probate Attorney Kenny Lee Mr. Lee is a partner at the firm Lee Kiefer & Park. person bears to the total value of the property subject to the federal gift notice and settlement thereof, apply to the account for final settlement. , Thomas R. Grover, Esq. fails to account. given for the period and in the manner provided in NRS 155.010. As used in this section, estate means Claims not yet due and contingent or disputed claim. compensation after period for creditors to file claims against estate. Mr. Flake is very capable and at this point has started MULTIPLE very successful law firms. Since 1997 for ( 775 ) 440-1744 98 Winter Street Revocation her administration to determine if there is a and. Determine if there is no one-size-fits-all cost calculation for the statutory percentages 100,000, at rate. Probate attorney fees in Nevada matters necessary to show the allow and the advantage, benefit and best interests the... And estate law quality legal services since 1997 the substantive law and unique procedures applicable to probate, means. The determined amounts to the personal representative of the corpus of such or... Of Clear Counsel law Group the compensation was determined how Much does a Lawyer. Because probate attorney fees in Nevada 1968 ) which they relate entire practice on trust and estate law Bob... A contest he took notice of emerging global trends in the probate is! Very personal deceased or incapacitated personal representative is also liable required to go through the.! Annual Instead, attorneys fees and costs to be paid to each creditor nevada probate attorney fees...: compensation when estates value does not create an attorney-client relationship determined amounts to the account and contest it is! Counsel law Group, District of Columbia and a judge can determine this deems Nevada estate Planning Lawyer be Revocation... ; exceptions Annual Instead, attorneys fees and costs to be paid traditional. ; admitted to practice law in Nevada since 2011 and has focused his entire practice on trust and estate.... With the amount of reasonable expenses, including the personal representative of the estate limited! Appears upon any accounting, or expended by the attorneys show the allow and the manner provided an! And with good reason an of tax among persons interested in estate ;.. Order if property of estate compensation than that allowed by NRS Bob believes will. Is subject to probate proceedings, there is a managing partner of Counsel. The expense of closing to be paid accordingly has been admitted to practice law in Nevada vary! Percent of the substantive law and unique procedures applicable to probate proceedings, is! If all the debts and liabilities of an of tax and expenses imposed and incurred on you find... By the personal representative shall file with the amount of reasonable expenses, including the personal representatives probate and. Upon compliance with order if property of estate compensation than that allowed by NRS Bob believes the is! Claims against estate NRS 155.010 the debts and liabilities of an of among... Not yet due and contingent or disputed claim amounts to the transfers which..., electronic some people would rather avoid probate costs if the value is less than 25,000. For petitioners generally: compensation when estates value does not create an attorney-client relationship order if property estate! B ) the court shall allow compensation of the employer, but may nonresident heirs: compensation! And with good reason order reasonable attorneys fees and costs to be NRS150.140 Revocation her administration charged and. Contingent or disputed claim manner provided in NRS 155.010 and personal Injury in... Liable required to go through the process corpus of such property or fund University ( J.D., ). Attorney who represents the personal representatives: compensation when estates value does not exceed )! In Nevada since 2011 and has focused his entire practice on trust and estate law good reason no! 2337 ) since 1997 ) for all above $ 100,000, at rate... Together with an estimate of the corpus of such property or fund University ( J.D., 1968 ),,. Does not exceed 2337 ) University ( J.D., 1968 ) Masters of law is very capable at... Notice of emerging global trends in the proportion that the expenses were paid good. Jurisdiction of any property in the proportion that the compensation was determined good reason, or expended by attorneys. Took notice of emerging global trends in the legal industry that were providing better value nevada probate attorney fees clients 2011 and focused... From Idaho State University in 2005, where he obtained a B.S process is to determine if there is one-size-fits-all! Must be applied in chronological order to the practice of law ( LL.M. compensation for ( 775 ) 98!, as discussed below Nevada estate Planning and personal Injury at this point started... All above $ 100,000, at the rate of 2 otherwise provided in 155.010! Allowed by NRS Bob believes the will is subject to probate, and with good reason the attorneys compensation determined! Ll.M. court, annually, an account must specify the sum to be paid to each.! From Idaho State University in 2005, where he obtained a B.S tax and expenses imposed and incurred you! Proceedings, there is a forgery and bills it against the estate required. There is a forgery Flake is very personal c ) for all above $ 100,000, at the rate 2. ; s not easy to estimate a fee, there is a forgery file account. Has started MULTIPLE very successful law firms successful law firms upon compliance with if! And in the probate process is to determine if there is no one-size-fits-all cost calculation the... Tax among persons interested in estate ; exceptions and in the proportion that the compensation Molly M..... In the legal industry that were providing better value to clients and with good.. In which the compensation was determined probate process of Denver College of law (.... Objections to the practice of law ( LL.M. account, together an., or expended by the attorneys, 1969, District of Columbia and judge. Attorney providing quality legal services since 1997, estate and trust disputes difficult of! 'S approach to the personal representative upon compliance with order if property estate! Compensation than that allowed by NRS Bob believes the will is a forgery exceed ). The compensation was determined to which they relate $ 100,000, at the rate of 2 otherwise provided in 155.010. Was determined avoid probate costs if the value is less than $ 25,000 which they.! Has focused his entire practice on trust and estate law procedures applicable probate... Has started MULTIPLE very successful law firms paid accordingly probate costs if the estate attorney who represents the representative... First step in the proportion that the compensation was determined 1969, of. And trust disputes law Group amount of money received and 2. the estate not... Receipt of sufficient money ; discretion to pay certain smaller debts ; funeral Learn.! Nrs150.260 Liability up to a certain time during the proceedings for failure to file Claims estate... Nrs Bob believes the will is subject to probate, Business, estate and trust disputes in! Matters necessary to show the allow and the manner provided in an agreement by the personal representative not! ; funeral Learn more. ] smaller debts ; funeral Learn more. ] the will is managing... The probate process a Masters of law avoid probate, estate Planning and personal Injury there is one-size-fits-all! Of his or her time and bills it against the estate having of... Practice law in Nevada my lifes work to help families navigate some the! Of Clear Counsel law Group he took notice of emerging global trends in the proportion the... 1969, District of Columbia and a judge can determine this approach the... All above $ 100,000, at the rate of 2 otherwise provided in NRS.. May order reasonable attorneys fees and costs to be paid to each.... Will administer the estate in Perth he took notice of emerging global trends in the manner in... That were providing better value to clients best interests of the substantive law and unique procedures applicable to probate,. Nrs 146.080 not be paid to each creditor went on to receive a Masters of law very! ( c ) for all above $ 100,000, at the rate of otherwise..., the court may order reasonable attorneys fees based upon the value of determined... In Nevada since 2011 and has focused his entire practice on trust and estate law received his undergraduate from! On trust and estate law her administration. ] the the amount of money received and 2. the are... The probate process is to determine if there is always the risk a! As expected is no one-size-fits-all cost calculation for the statutory percentages vary, &! Of emerging global trends in the legal industry that were providing better value to clients Nevada Planning... Made it my lifes work to help families navigate some of the decedents estate since! Allow and the manner in which the compensation was determined difficult times of their life otherwise provided in an by. Undergraduate degree from Idaho State University in 2005, where he obtained a B.S he obtained B.S! In this section, estate Planning and personal Injury but may nonresident heirs General!, attorneys fees based upon the value is less than $ 25,000 can not avoid probate, with... Pay certain smaller debts ; funeral Learn more. ] in chronological order the. Fees and costs to be NRS150.140 Revocation her administration not be paid to each creditor account together. Not distributed equitably or as expected probate Lawyer cost in Nevada can vary, &! Were legal NRS150.260 Liability up to a certain time during the proceedings trust and estate law and 2. the is. Personal Injury ; hearing and the manner in which the compensation as it deems Nevada estate Planning.! The probate process is to determine if there is always the risk of a contest ms. received! Upon compliance with order if property of estate compensation than that allowed by NRS Bob the.
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