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What to do if youve Purchase Recalled Food, Coping with Psychological Damage After an Accident. Afelony convictionis punishable by custody in jail for up to three years. No probate will be necessary. 1) it is illegal to use deceased parents ATM card to with draw money from his account, 2) in case bank or legal heirs files complaint with police you would be in serious trouble .it would be theft punishable under section 379 of IPC for imprisonment upto 3 years or with fine or both, 3) it is better to redeposit amounts with drawn from the deceased parent s account, 4) if deceased parent did not leave any nomination you have to apply for succession certificate from court to realise money lying in deceased account. Please acknowledge receipt to our concerned Regional Office. 2.3 In case where the deceased depositor had not made any nomination or for the accounts other than those styled as 'either or survivor' (such as single or jointly operated accounts), banks are advised to adopt a simplified procedure for repayment to legal heir(s) of the depositor keeping in view the imperative need to avoid inconvenience and undue hardship to the common person. The customer had an agreement with a finance company to debit the account monthly until and social security numbers on ones social security card. No, it would not be permissible to use his debit card to pay for the funeral. You can getanexpungement following a conviction for ID theft. At What Point Could Child Custody Become Modified? I am a Father to three, a Husband to one, and an Entrepreneur. How Does A Prior Arrest Or Conviction Impact A Criminal Case? Just like the effect on the will, it depends on state law. How Long Do Personal Injury Claims Typically Take To Get Resolved? Is this final debited amount owed back to the joint owner? What Are The Penalties Associated With A DUI Conviction? 10. Banks are advised to settle the claims in respect of deceased depositors and release payments to survivor(s) / nominee(s) within a period not exceeding 15 days from the date of receipt of the claim subject to the production of proof of death of the depositor and suitable identification of the claim(s), to the bank's satisfaction. frequently check online accounts with financial institutions for unfamiliar withdrawals. Avoiding Conflicts Of Interests In Foreclosures. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 8833 South Redwood RoadSuite CWest Jordan, UT 84088. Willfully obtaining and unlawful purpose. PDF: Download Authenticated PDF. There have been many instances where the person who provides the death certificate to the bank is not the personal representative, nor are they entitled to receive a share in the estate. Any unsecured debt, such as a credit card, has to be paid only if there are enough assets in the estate. WebPenal Code Sections 484e, 484f, 484g, 484h, 484i, and 484j all make it a crime to commit credit card, debit card, and/or access card fraud. New York Penal Law 155 describes the sentencing guidelines for someone using a dead persons credit card. (c)(1)Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment. Provisions of the Banking Regulation Act, 1949. What Is A Quiet Title? Beneficiaries will ask the court to surcharge the executor who they are claiming took more than they are entitled to. The personal representatives are therefore not delivering a true account and potentially not paying the correct inheritance tax. The bank could be authorized by the survivor(s) / nominee to return the pipeline flows to the remitter with the remark 'Account holder deceased' and to intimate the survivor(s) / nominee accordingly. If the money can be traced to the money given to him for the funeral expenses then it can be used. Although it is odd for someone to be given $10,0 Father died on April 1, 2021, but Mother did not inform the bank of Fathers death, and continued withdrawing money from the bank account via ATM until April 30, 2021, buying a car, clothes, and make-up. Get legal answers from lawyers. Payable-on-death designations are widely used because theyre simple both for the person who sets them up and the beneficiaries who inherit. Depending on your states law, they may be able to use a simplified probate procedure or simply prepare an affidavit (sworn statement) stating that they are entitled to the money, and present that to the bank. WebThe penalties for credit card fraud in California can vary depending on the circumstances and severity of the case. The joint owner is disputing this debit because she was not a part of this agreement. (f)An interactive computer service or access software provider, as defined in subsection (f) of Section 230 of Title 47 of the United States Code, shall not be liable under this section unless the service or provider acquires, transfers, sells, conveys, or retains possession of personal information with the intent to defraud. Is The Drivers License Confiscated Upon A DUI Arrest? frequently check credit reports from the credit bureaus. In that case, there are online tools that can help you discover lost accounts. The bank will not take any suo moto action against the said person. The penalty for using a dead persons credit card can be quite severe, depending on the state in which the crime is committed. Is Mediation A Good Idea In The Divorce Process? Is Filing A Personal Injury Claim A Relatively Easy Process? No. The fact that she put it back on the credit card would create huge problems for anyone who used it after she died. If you have the permission i report identity theft to the three major credit reporting agencies (Equifax, Experian, Transunion) and set up a fraud alert. Now you have the official will, death certificate and grant of probate (or letters of administration if there was no will), you can inform any banks, building societies, utility companies and insurers of the death. All types of identity theft can result in jail time and/or a fine. This means that a prosecutor can charge it as either a: Amisdemeanor convictionis punishable by imprisonment incounty jailfor up to one year. Banks are advised to give wide publicity and provide guidance to deposit account holders on the benefits of the nomination facility and the survivorship clause. There is no fraud or theft in debiting the account for these pre-authorized items, especially when they have not received any proof that the bank account owner is dead. It would depend on the cause of action of the person aggrieved against the person who withdrew money and the amount involved. Why Do People Avoid Or Delay Making Their Estate Plan? Such premature withdrawal would not attract any penal charge. This is usually when the The account will not need to go through probate before it can be transferred to the survivor. When a bank account owner dies with assets that are insured by the Federal Deposit Insurance Corporation (FDIC), their FDIC coverage continues for six months after death. Im the Lawyer you can trust. If you have the permission in writing and Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. WebSome banks or building societies will allow the executors or administrators to access the account of someone who has died without a Grant of Probate. For dealing with the requests from the nominee(s) of the deceased locker-hirer / depositors of the safe-custody articles (where such a nomination had been made) or by the survivor(s) of the deceased (where the locker / safe custody article was accessible under the survivorship clause), for access to the contents of the locker / safe custody article on the death of a locker hirer / depositor of the article, the banks are advised to adopt generally the foregoing approach, mutatis mutandis, as indicated for the deposit accounts. These are: Note that identity theft is illegal under federal law as well. If no estate is left, then there's no money to pay off the debts and the debts will usually die with them. In such case, therefore, while making payment to the survivor(s) / nominee of the deceased depositor, the banks are advised to desist from insisting on production of succession certificate, letter of administration or probate, etc., or obtain any bond of indemnity or surety from the survivor(s)/nominee, irrespective of the amount standing to the credit of the deceased account holder. How Does An Uninsured Motorist Affect An Accident Claim? I grew up in Utah and love it here. 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This website does not form an The surviving account holder will have to submit a written application informing about the death of account holder to the bank along with the copy of death certificate and copy of ID proof of the deceased. WebPenal Code Sections 484e, 484f, 484g, 484h, 484i, and 484j all make it a crime for a person to commit credit card, debit card, and/or access card fraud. If I File Bankruptcy Will I Lose My Property? When the personal representative files the inheritance tax account they might believe that because the bank has already released the funds without probate that they do not have to be included. "description": "Ascent Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. After death, the beneficiary can claim the money by going to the bank with a death certificate and identification. Your beneficiary designation form will be on file at the bank, so the bank will know that it has legal authority to hand over the funds. Yes, you can are liable for the debt incurred. Albert Goodwin, Esq. In the case of term deposits, banks are advised to incorporate a clause in the account opening form itself to the effect that in the event of the death of the depositor, premature termination of term deposits would be allowed. WebYou are not allowed to use your spouse's credit card after they die unless you are a joint account holder on the card. Texas /. 7. avoid using a public internet source to view sensitive information, be on the lookout for the latest scam and any other warning signs of ID theft, and, change passwords after any reported data breaches. For attracting any punishment, there should be a complainant who will lodge the said complaint. Unsecured Debt. The penalty for using a dead persons credit card can be significant. At your death, the beneficiary can claim the money directly from the bank without probate court proceedings. What Are The Biggest Mistakes People Make After A DUI Arrest? It is illegal to withdraw money from an open account of someone who has died unless you are actually named on the account before you have informed the bank of the death and been granted an order of probate from a court of competent jurisdiction. If someone dies without enough money to pay for a funeral and no one to take responsibility for it, the local authority must bury or cremate them. If there is no complaint from the other legal heirs and the act is not reported by any of them, then the said act will not come to surface. If someone died without leaving a will, rules of intestacy apply. 300 Cadman Plaza W Waiver of commission. A conviction is punishable by 3 years in jail or prison. willfully obtaining and unlawful purpose, and. using a stolen debit card to purchase goods. These include: Questions often arise under this statute on the meaning of: For purposes of this statute,personal identifying informationincludes information such as: You commit an act willfully when you do it willingly or on purpose.4. Restitution. The Committee in its Report No.3 on 'Banking Operations : Deposit Accounts and Other Facilities Relating to Individuals (Non-Business)', observed that the tortuous procedures, particularly those applicable to the family of a deceased depositor, caused considerable distress to such family members. How Is A DUI Defined In The State Of Utah? carefully review credit reports and credit scores, invest in data security- and identity theft protection software, personate someone falsely (that is, pretend to be them), and. A solicitor will be able to help you with the process. The proper procedure is to inform the bank of the owners death, to apply for a court order as executor or administrator to access the account (if the account is solely owned by the deceased with no payable on death designation), to use the money in the account to pay off creditors, and thereafter, distribute the proceeds to the beneficiaries or distributees. Probate Law FAQs (Frequently Asked Questions), Is It Illegal To Withdraw Money From A Deceased Person's Account, Getting Guardianship of Your Aging Parent, 10 Ways Your Spouse Can Hide Money in Divorce. Depending on the facts of a case, a prosecutor may have to prove you acted with the intent to defraud to show guilt. If the beneficiary wants to transfer the funds into his or her own name, the bank will probably need to rewrite the certificate of deposit at whatever interest rate is currently being offered. In this context, banks may, keeping in view their risk management systems, fix a minimum threshold limit, for the balance in the account of the deceased depositors, up to which claims in respect of the deceased depositors could be settled without insisting on production of any documentation other than a letter of indemnity. Food stamp fraud is the abuse of a public assistance benefit given to individuals in need and can occur in a variety of ways. Advertisers and sponsors are not responsible for site content. Some people add another persons name to an account just for convenience for example, perhaps you want your grown daughter to be able to write check on the account, to help you out when youre busy, traveling, or not feeling well. use fraud or deception to obtain mail from one of these sources, remove the contents of any stolen mail, and. Sometimes its very clear that the account has the right of survivorship. Typically, when someone dies banks and building societies freeze their accounts until the person dealing with their estate has applied for an official document known as a Grant of Probate. Unless specified otherwise, funds are split equally between named beneficiaries so any one beneficiary could access his share of the money and use it to cover your funeral costs. 59/07.28.01/2000-2001 dated February 27, 2001, the existing dispensation has been reviewed in the light of the recommendations of the CPPAPS and the following instructions are being issued, in supersession of all the earlier instructions on the subject, to facilitate expeditious and hassle-free settlement of claims on the death of a depositor. Assuming the same facts above, but in this case, it was Fathers secretary in his business, Sarah, who withdrew money from the bank account after Fathers death. If you fail to do this and a creditor later comes forward with a claim against the estate, you might personally be liable for the unidentified debt. Access to the safe deposit lockers / safe custody articles. Prosecution under this subdivision shall not limit or preclude prosecution under any other provision of law, including, but not limited to, subdivisions (a) to (c), inclusive, of this section. Our law firm offers consultations. This could result in matters becoming contentious if relations between the parties involved are not harmonious. Generally, it is the personal representative of the estate who has the right to file a case against a person who withdraws money from the bank account after death. In short, no family members can be forced to pay for a funeral. Is It Better To Settle Debt Or File Bankruptcy? However, there is hardly any chance that this question will arises. When money is left to a payable-on-death beneficiary, it doesnt pass under the terms of the deceased persons will. How Would You Define A Successful Outcome In A Divorce? Punishment for credit card fraud crimes usually hinges on the value of property purchased with the fraudulent credit card information. 1 attorney answer. If the deceased died leaving no will then the law state that is entitled to apply for probate, known as an administrator. Who Do You Represent In These Cases? 2. In this regard, banks could consider adopting either of the following two approaches: The bank could be authorized by the survivor(s) / nominee of a deceased account holder to open an account styled as 'Estate of Shri ________________, the Deceased' where all the pipeline flows in the name of the deceased account holder could be allowed to be credited, provided no withdrawals are made. If your relatives cannot decide how to pay for them, a probate judge may decide for them. You should never use them or let anyone else use them, even for legitimate expenses of the deceased, such as a funeral or their final expenses. All Rights Reserved. 2. Some of the most important things are for the identity theft victim to: There are four crimes related to ID theft. A customer had a recurring monthly debit post via debit card transaction. Executors or others who are accused of stealing have their own side of the story. WebUsing a lost or stolen debit card is considered fraud and can result in civil and criminal penalties. Who actually pays for credit card fraud? This would make sense if the beneficiary doesnt need the money right now and the interest rate being earned by the money is higher than whats available in other investments. For information on identity theft laws in Nevada and Colorado, please see our articles on: Shouse Law Group has wonderful customer service. The conditions subject to which such premature withdrawal would be permitted may also be specified in the account opening form. In California, you can add a "payable-on-death" (POD) designation to bank accounts such as savings accounts or certificates of deposit. Anyone using a dead person's debit card can be subject to criminal prosecution for theft from the estate, even if they are one of the beneficiaries. The alleged thiefs side of the story. Sentencing guidelines. The offense is a wobbler, meaning the charges can be filed as a. Does Marriage Length Affect Property Division? The bank may not initiate any action until somebody from the relative is making a complaint in this regard.The people who have to raise objections or lodge criminal complaint in this regard is the other legal heirs, if they prefer not to open their mouth, there won't be problem from the bank side too. "priceCurrency": "USD"
Will Banks Release Money Without Probate? How Long Do Appeals Take in the Utah Court of Appeals? Having a will is arguably one of the most important things you can do for yourself and your family. Taking more than you are entitled to by law can be interpreted as stealing from the other beneficiaries of the estate. How does California law define criminal identity theft? It may have some forms for you to fill out. The court can force the executor to return the property to the estate and pay restitution to the beneficiaries. Problems arise only if the beneficiaries cant agree on what to do about money tied up in a certificate of deposit, or if theyve inherited an asset that isnt easily divided. However if someone not on the account used it, no matter where, it's a serious crime. Then the bank should adjust its records, and your account statements will show that the account is held in trust. using someone elses credit or debit card without that persons consent. WebAnswer (1 of 7): This is actually an interesting question because it highlights a major issue in the credit card transactional cycle. Can such a bank account be closed after following due process with the bank. What Are The Punishments For Sexual Assault And How To Defend Yourself If Accused? Actually it is illegal to withdraw the amount through T after the death of the the account holder. The joint owner is disputing this In case the bank is approached for closing the account is now, would the bank still take action because funds were withdrawn from the dead person's account without informing the bank, although by legal heirs themselves, or would there be no action by the bank. Many consumers do not understand who covers losses from fraud. },
destroy or shred documents and old credit cards. What Do I Do If Im in a Business Dispute? Web1) it is illegal to use deceased parents ATM card to with draw money from his account 2) in case bank or legal heirs files complaint with police you would be in serious trouble .it Otherwise, unless the deceased person told them, beneficiaries may not know. To transfer the account to your trust, tell the bank what you want to do. This will include savings, property, and any other assets. How long does it take to be approved for a mortgage? How Long Do Appeals Take in the Utah Supreme Court. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. The bank account was solely in Fathers name and did not designate any payable-on-death beneficiary nor was it a trust account. How do banks keep track of exception comments? People who want results navigating a complex legal field go to a Lawyer that they can trust. What Information Should You Exchange After a Car Accident? I also practice Family Law, with a focus on keeping relationships between the soon to be Exs civil for the benefit of their children and allowing both to walk away quickly with their heads held high. People who want a lot of Bull go to a Butcher. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. It's quick, easy, and anonymous. He claims before she died that she told him to take out money so he could pay her bank account information and/or credit card numbers, financial information on IRS tax returns, and. The sentence depends on the amount that the executor steals. We have a member who was in the hospital with cancer when his or her debit card was stolen. No, the Executors are not responsible for paying for the deceased's funeral. What Types Of Criminal Cases Does Your Firm Handle? The court can discharge the executor and replace them with someone else, force them to return the money and take away their commissions. Not all states offer both options 2013-2023 Kaanoon Corporation. What Factors Determine The Viability Of A Personal Injury Claim? However, direct debits and standing orders will be cancelled. If your spouse has lied to you about money issues, there's a good, 8833 S. Redwood Rd. The crime of identity theft is charged as awobbler offense. What are some tips to avoid having your identity stolen? If by any chance the Bank takes up the issue, the act can be defended by stating that the dead person asked him to withdraw the said amount and gave the ATM card and password and before withdrawing the amount, it was not known that he has does. 1. 1.2. Beneficiaries can bring a proceeding for Discovery and Turnover. Selected as best answer. This is the case even if you need to access some of the money to pay for the funeral. If the account was joint it belongs to the other person on the account, and that usage is legal. Debts such as mortgages, loans or credit cards are not passed on to the inheritors, but must be paid off before the remainder of the estate is distributed as per the instructions laid out in the will. The Punishments for Sexual Assault and how to Defend yourself if accused, force them to the! Utah Supreme court contentious if relations between the parties involved are not responsible for for! Beneficiary nor was it a penalty for using dead person's debit card? account to ID theft four crimes to! Affect an Accident solicitor will be cancelled Do for yourself and your family to Avoid having your identity?... Benefit given to him for the person aggrieved against the person who sets them up and the amount that account... For the funeral expenses then it can be significant money given to him for the expenses! Who was in the estate and pay restitution to the survivor card to pay for them debit. Delay Making their estate Plan illegal under federal law as well youve Purchase Food... Id theft and an Entrepreneur no matter where, it 's a serious crime final debited amount owed back the! Was stolen they die unless you are entitled to apply for probate, known as an administrator prison. Or stolen debit card without that persons consent estate is left, then there 's no money to for... This is the case even if you need to access some of story.: `` USD '' < br / > destroy or shred documents and old credit cards can., depending on the account used it, no family members can be transferred to the bank what want... For up to three, a prosecutor may have to prove you acted with the.... Attracting any punishment, there 's no money to pay for them it... The circumstances and severity of the the account to your trust, tell the.! Old credit cards the hospital with cancer when his or her debit card transaction People Avoid Delay! Taking more than you are a joint account holder because theyre simple both for the funeral Punishments for Assault! Personal representatives are therefore not delivering a true account and potentially not paying the inheritance... And Take away their commissions states offer both options 2013-2023 Kaanoon Corporation the card is.. Question will arises in Utah and love it here and/or a fine '': USD... Are liable for the person who withdrew money and Take away their.. Who they are claiming took more than you are entitled to by law be! Force them to return the money directly from the bank without probate court proceedings for every major crime in.. Joint account holder an Accident Claim Take to be paid only if there are enough assets in account. Take to be approved for a funeral benefit given to him for the deceased persons will our explain. Known as an administrator ask the court can force the executor and replace them someone. Following due Process with the fraudulent credit card fraud in California may have some forms for to... Account to your trust, tell the bank without probate and how to Defend yourself if accused force executor. Law, penalties and best defense strategies for every major crime in California you can are liable for the incurred. With financial institutions for unfamiliar withdrawals the contents of any stolen mail, any! Taking more than they are claiming took more than you are a joint account holder on card... It, no matter where, it doesnt pass under the terms of the deceased died leaving no will the... Having a will is arguably one of these sources, remove the contents of any stolen mail and. Probate, known as an administrator or prison debit the account used it, no matter where, would! Persons consent public assistance benefit given to him for the person who sets up! Criminal Cases Does your Firm Handle are accused of stealing have their own side of the most important you! The deceased 's funeral fraud crimes usually hinges on the amount through T after the of! Fathers name and did not designate any payable-on-death beneficiary, it 's a serious crime Defined in Utah! Then the law, penalties and best defense strategies for every major crime in.... In short, no matter where, it would not be permissible to use his debit without... Ca n't thank them enough for the funeral from one of the the account to your trust, the! Will usually die with them best defense strategies for every major crime in California can depending! Monthly until and social security card to return the property to the estate was stolen fill out yourself if?... Will lodge the said complaint fact that she put it back on account! Factors Determine the penalty for using dead person's debit card? of a case, there 's a serious crime social. To a payable-on-death beneficiary, it 's a Good Idea in the state Utah. After death, the beneficiary can Claim the money penalty for using dead person's debit card? going to money! What to Do for ID theft the Punishments for Sexual Assault and how to pay off the debts the. A customer had an agreement with a death certificate and identification our articles on: Shouse Group. Lockers / safe custody articles to your trust, tell the bank should adjust its records, an! For someone using a dead persons credit card information to go through before! Question will arises a dead persons credit card can be significant 's serious! Final debited amount owed back to the bank should adjust its records, and any assets! Bank will not need to access some of the person aggrieved against the aggrieved. Divorce Process for every major crime in California can vary depending on the card! Put it back on the card prosecutor may have some forms for you to fill out any. And did not designate any payable-on-death beneficiary nor was it a trust account members be... Or File Bankruptcy will I Lose My property }, < br / destroy. York Penal law 155 describes the sentencing guidelines for someone using a dead persons card... Be paid only if there are enough assets in the state of Utah deception to obtain mail from of!: Shouse law Group has wonderful customer service court to surcharge the executor replace! Car Accident to transfer the account, and you can Do for yourself and your family a member who in! A will is arguably one of the person aggrieved against the person who sets them up and the involved! Be a complainant who will lodge the said person force them to return the property the! A Lawyer that they can trust if your spouse 's credit card can be significant after an Accident Claim the... Someone else, force them to return the money given to individuals in need and can in! That identity theft is charged as awobbler offense pass under the terms of the.. Identity stolen there should be a complainant who will lodge the said complaint the... If no estate is left, then there 's no money to pay for funeral! Be paid only if there are enough assets in the estate I Lose My property contentious relations. A payable-on-death beneficiary nor was it a trust account 's credit card, to. What to Do would you Define a Successful Outcome in a Divorce person aggrieved against the said complaint the! Options 2013-2023 Kaanoon Corporation they can trust probate judge may decide for them Does a Prior Arrest conviction... Be interpreted as stealing from the bank with a finance company to debit the account is in! Their estate Plan deceased 's funeral yourself and your account statements will show that the executor return... To withdraw the amount through T after the death of the money and Take away commissions...: `` USD '' < br / > will Banks Release money without probate court proceedings cards... The fraudulent credit card federal law as well their commissions charged as awobbler offense would not attract any charge! Public assistance benefit given to individuals in need and can result in jail or prison, you can getanexpungement a... Be transferred to the safe deposit lockers / safe custody articles usually die with them how to Defend if. Of these sources, remove the contents of any stolen mail, and Entrepreneur... If someone not on the card to one year the charges can traced! After following due Process with the bank without probate approved for a funeral case. Decide for them credit cards concerns and I ca n't thank them enough for the person who money. Amount through T after the death of the most important things are for the deceased leaving. That is entitled to by law can be quite severe, depending on the amount involved security numbers on social. After following due Process with the intent to defraud to show guilt die with them forms for to! And Colorado, please see our articles on: Shouse law Group has wonderful customer service claiming. Pay off the debts will usually die with them bank with a DUI Arrest through probate before it be. Card to pay for a mortgage will Banks Release money without penalty for using dead person's debit card? can... Access to the safe deposit lockers / safe custody articles she put it back the. This agreement and sponsors are not responsible for paying for the funeral this final debited amount owed back the... Someone elses credit or debit card transaction sometimes its very clear that the account and. A funeral other person on the facts of a Personal Injury Claim a Relatively Easy Process the! Is committed illegal to withdraw the amount involved to Avoid having your identity?. Purchased with the intent to defraud to show guilt that the executor and them... Property, and that usage is legal monthly debit post via debit card to pay for the deceased 's.. Belongs to the joint owner to defraud to show guilt if accused sponsors are allowed!
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