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Death with a Will If the deceased person left a will, ownership of the mobile home will pass to the beneficiary he designated. The vehicle title: In the case of divorce, the person whose name will be removed must sign the title … Motorists must complete the Texas process of transferring an out of state title after getting a new car by appearing in person at a nearby TX DMV location and submitting the paperwork. If the car is due for updated registration or inspection, then the executor handles this as well. All heirs must sign VTR-262 in the presence of a notary public indicating that they are the only known heirs of the deceased. Plus, a $10 gift tax. If there's no will, the heir or heirs of the deceased can transfer the title by completing Form VTR-262, "Affidavit of Heirship for a Motor Vehicle," and Form 130-U, "Application for Texas Title and/or Registration" (see Resources). The executor of the will is required to visit Service Ontario and provide a copy of the will, vehicle ownership papers, personal identification and proof of insurance, and proof of death certificate to transfer the vehicle to a beneficiary. The Seller must: •Complete the buyer’s name exactly as shown on the buyer’s identification (see Identification Requirements, MV-508) and address on the back of the title, as well as the odometer reading if the vehicle is less than 10 model years old. However, because title to cars may be easily transferred after the death of the owner without the need for probate administration, it is usually not necessary to transfer ownership of your vehicles into your names as Trustees. How to File an Affidavit of Heirship in Texas, How to Change a Property Deed of a Deceased Spouse in Texas, How to Title an Inherited Vehicle in Texas, Jack County, Texas: Title Instructions When Deceased, Texas Department of Motor Vehicles: Buying or Selling a Vehicle, Legal Beagle: How to Title an Inherited Vehicle in Texas, Legal Beagle: Texas Inheritance Laws Without a Will, Legal Beagle: How to Probate a Will in Texas, Legal Beagle: How to Prove That I Am an Heir in Probate Proceedings in Texas, Texas Department of Motor Vehicles: Form VTR-262, Affidavit of Heirship for a Motor Vehicle, Texas Department of Motor Vehicles: Form 130-U, Application for Texas Title and/or Registration, Texas Department of Motor Vehicles: Forms, Form VTR-262 or a certified copy of the Letter of Testamentary or Letters of Administration, as appropriate, The car title, signed on the back by the heir or the executor of estate, depending on which form you have to use, VIN verification "green" sheet if the car is registered out of state, Where there's a will but the estate is not probated, a certified copy of the court order confirming that no administration is necessary and an extract from the will indicating the names of the beneficiaries, Proof that the car passed inspection by a Texas vehicle safety inspection station, Proof of liability insurance in the names of the heirs. The standard title fee is either $28 or $33. Copy of the Death Certificate — A copy of the death certificate or a certification of death must . After paying for an application for vehicle title and getting a temporary title, the vehicle can be registered. l If it is more than 10 years old, odometer reading is “Exempt”. After the transfer on death designation is submitted, the owner retains full rights in the vehicle. Different forms of property ownership are handled in different ways when an owner dies. If there is no will, then the heirs are determined according to the state rules of intestacy. Contact the county tax office if you have not received your title within 30 business days. Transfer Vehicle Ownership without a Formal Probate Forms Here is a Florida Department of Highway Safety and Motor Vehicle Form that allows a surviving spouse to apply for the transfer of title from a deceased spouse. My experience has been that most tag agents will transfer title to the vehicle following a person’s death when the No Administrator Affidavit is provided. The forms are listed below for each state. The process to transfer property title after a person dies in Texas depends on whether that person died with a Will, or died without a Will (also known as intestate). Whether a vehicle is inherited by a will, through intestacy, or by joint title, the inheritor is responsible for transferring the vehicle’s title to his own name. For more useful information go to TexasCourtHelp, a website of the Texas Office of Court Administration's website. Types of Ownership. •Sign Form 130-U on line 22. Pay any necessary county fees and the car is yours! Sometimes, the deceased leaves a will, but the court decides that no administration is necessary. Basics of Trusts. If one or more persons who complete the rights of survivorship agreement die, ownership would transfer to the other person or persons who signed the agreement. The Title Office will not transfer the title to anyone without an Order from Probate Court or the signature from an executor or administrator of the estate. This is done by presenting the title, the current registration or license plate number (if there is one), and a copy of the death certificate to a Secretary of State Branch Office. If transferring a vehicle between spouses, a parent and child or a stepparent and stepchild, the recipient is exempt from the highway-use tax upon completion of the Highway-Use Tax Exemption Certificate (MVR-613). The Vehicle Identification Number (VIN), which is usually listed on the proof of car insurance, or etched on the window of the car. In order to transfer title of a vehicle that belongs to a deceased person's estate, the executor must provide proof that he is authorized to transfer the vehicle. Senate Bill 869 (which became law on September 1, 2017) has just been implemented by the Texas Dept of Motor Vehicles. The executor is responsible for filing the transfer documents and paying any liens and fees required for the transfer. If the deceased left neither a spouse nor children, then it's a good idea to hire an attorney to determine who are the heirs-at-law. He is required to complete and sign certain documentation as required by the Texas Department of Motor Vehicles, reports DMV.org. For help completing the form, contact your local county tax assessor-collector. Sign, date and print your name on the back of the certificate. The transfer is easy requiring a few steps filing info, paying fees, and submitting paperwork. After a loved one dies, their property needs to be transferred or retitled. The steps for transferring a car after death in Texas differ depending on who is inheriting the car and whether the deceased left a will. If the estate goes through a probate proceeding, you must wait until the court has appointed a personal representative, executor, or administrator for the estate. There are two possibilities for transferring ownership when a property owner dies: 1. Upon the owner’s (or last surviving owner’s) death, the beneficiary may transfer the motor vehicle into their name if To transfer a car title in Texas, the seller will first need to provide the buyer with a signed title and a completed Application for Texas Title. Her work has appeared on numerous legal blogs including Quittance, Upcounsel and Medical Negligence Experts. The owner must submit the Certificate of Title, a Transfer on Death Application (VP 239) and a $21 Title Fee. It is probably best to go to their office and ask for help. When you can identify the rightful heir of a vehicle, the next step is transferring title so state records reflect the correct owner. Jayne Thompson earned an LL.B. A gifted vehicle should include the Application for Texas Certificate of Title (Form 130-U) and Affidavit of Motor Vehicle Gift Transfer (Form 14-317). If a car has been transferred into a trust, if more than one trustee is shown without “or,” or a slash (/) between the names, each trustee must sign the title. Keep a record of the buyer's information fo safe keeping as well. Transferring ownership of a vehicle after a death can play out in a number of ways. I wrote about this Affidavit on this blog post. The buyer may also need a release of lien if there is a loan against the vehicle that has not been fully paid off. It is not necessary to renew or update the vehicle registration. If you’re buying. All owner(s) may have to sign the Transfer on Death Application (VP 239) depending on how they are listed on the title. A transfer fee. If the vehicle is exempt from the odometer disclosure requirements and the title is not available, the executor should complete and sign a Form T-7 Bill of Sale, transferring the ownership. Oklahoma No Administrator Affidavit. Affidavit of Motor Vehicle Gift Transfer (Form 14-317). The owner next completes the Application for Texas Title and/or Registration form, which asks the Texas DMV to reissue title to the vehicle with the name of the beneficiary on it. Submitting a completed DMV Form MV-39 Notification of Assignment/Correction of Vehicle Title Upon Death of Owner, the original death certificate and $50 title fee suffice to get a new title showing the surviving owner's name.However, if the surviving owner is the deceased's spouse, no fee is charged. If you do, make sure to have the information needed to complete the form with you, like the Vehicle Identification Number (VIN), your driver’s license number or ID. However, if the vehicle's registration is set to expire within that grace period, renewal fees will have to be paid. To create a transfer on death designation, the owner must submit an Application for Title (available at your local DMV) which contains a designation of beneficiary, to be effective upon the owner’s death. Title transfers for cars must be completed by using the available methods offered by the Texas Department of Motor Vehicles (DMV). Title Transfers after Buying or Selling Buying from a TX Dealer . Whether the car title needs to be assigned to a particular beneficiary or whether it needs to be titled to someone who wants to buy the car from the estate, the executor will need to use Form 130-U “Application for Texas Title and/or Registration” from the Texas Department of Motor Vehicles along one of their Letters Testamentary that they received from the probate court to make the transfer. Inherited vehicles need an Affidavit of Heirship for a Motor Vehicle (Form VTR-262) if no will exists. The title application must be accompanied by Affidavit of Motor Vehicle Gift Transfer (Texas Comptroller of ... a properly assigned title (where your ex-spouse signed the title over to you) will be required. Items you will need. The Letter of Appointment must be provided with the title to the new owner. The Texas title, properly assigned to you by the previous owner. A gifted vehicle should include the Application for Texas Certificate of Title (Form 130-U) and Affidavit of Motor Vehicle Gift Transfer (Form 14-317). Considerations For an estate administrator to transfer the title of a mobile home to a beneficiary, he must present a court order that lists him as the estate's legal representative. Transfer Vehicle Ownership without a Formal Probate Forms. When completing the change of title after inheriting a vehicle, auto owners will be required to complete several steps that vary depending on their circumstances. There are two options that may apply for changing the title to a car owned by someone who died with going through Oklahoma probate. How to transfer title of an automobile after car owner has passed away? There are a couple of things that all parties must do to transfer a car title in Texas, as well. •Sign the back of the title. In this situation, the heirs can transfer the car title in exactly the same way as if there had been no will. How to Transfer a Car Title in Texas Title transfers must take place 30 days within the date of the sale. Payment for the $10 gift tax. Having a person who comprehends the legal procedures is an added advantage. To order a corrected title, you'll need: The Application for Vehicle Transaction(s) (Form VSD 190). The title transfer is required if you sold, donated, or gifted your car, too. The surviving spouse or next closest kin will complete a The Texas Department of Motor Vehicles has created a two-step process to transfer a vehicle to a beneficiary upon the owner’s death. You will visit an Oklahoma Tax Commission’s Motor Vehicle Division office in this process. Each state has specific requirements for a transfer of title. The MVD will only transfer a vehicle title if at least 30 days has expired past the owner's death, the vehicle's value doesn't exceed $50,000, and if you have the right to inherit the vehicle by will or intestate succession, which implies that you are the spouse or child of the deceased. Once a vehicle owner has passed away, the process for transferring the car title of the deceased person varies depending on whether the vehicle title was in the individual’s name as a decedent or whether it was in a joint ownership. Pay any necessary county fees and the car is yours! They are not for sale. The process to transfer property title after a person dies in Texas depends on whether that person died with a Will, or died without a Will (also known as intestate). Typically, there is a grace period after the death of the owner before which a change of ownership without probate cannot be made. Transferring a Texas Title . Generally, a surviving spouse can apply for a transfer of the car title unless the deceased has children with a different parent, in which case all surviving children must also make the application. When the owner dies, the vehicle belongs to the beneficiary listed on the certificate of ownership. The car must be probated even if the relative had a Last Will and Testament. Contact your attorney also to be well informed. The owner must first complete the Beneficiary Designation of a Motor Vehicle form, which tells the Texas DMV who the owner wants the car to go to. Whether a vehicle is inherited by a will, through intestacy, or by joint title, the inheritor is responsible for transferring the vehicle’s title to his own name. The owner must first complete the Beneficiary Designation of a Motor Vehicle form, which tells the Texas DMV who the owner wants the car to go to. Texas Title and/or Registration (Form 130-U), the $28 or $33 title application fee, and the current Texas title. Provide the deceased owner's information and the names and addresses of the heirs. A Texas resident may inherit a vehicle in a variety of ways following the death of a friend or family member. when the deceased owner’s name is still on the title and the vehicle is sold to third party. New Texas residents may need to pay a $90 New Resident Tax. Now, car owners can complete the two Texas Department of Motor Vehicles forms in this kit before they die to choose who they want the car to go to. 3 Multiple VSA 24s can be submitted at the time of titling if there are multiple legal heirs. Sales tax will not be due, as the vehicle is a gift. 6. This is similar to the prior owner contact, but has a form specific to the owner being deceased. If the title is an out of state title, a VIN Verification Sheet, formerly called a “green sheet” is required. in Law and Business Administration from the University of Birmingham and an LL.M. If your spouse had a will, the vehicle becomes part of the probate process. The exemption is applicable to North Carolina residents transferring a North Carolina title to another North Carolina resident. Inherited vehicles need an Affidavit of Heirship for a Motor Vehicle (Form VTR-262) if no will exists. The Texas Transportation Code now allows the owner of a motor vehicle to designate a beneficiary to whom title will pass upon the owner’s death. This is a form obtained from any Texas inspection station after the vehicle (or trailer) is inspected in Texas. The transfer procedure varies with the terms of the title you had set with the decedent. The new law creates a “transfer on death” option for motor vehicles. While you have the right to keep a car that is considered a total loss, it is important to know that in most cases, the car cannot be repaired and then used on the road. The vehicle title assigned to the new owner by the estate representative. A title transfer is required in Oklahoma to prove ownership if you bought a new or used car. Satisfaction of lien (full payment of car loan) To transfer a title, you will always need: Either the California Certificate of Title or an Application for Duplicate or Transfer of Title (REG 227) (if the title is missing). The steps for title transfers of inherited vehicles may differ, depending on how the estate was distributed. Otherwise, the new owner may be faced with late penalties after the change of ownership has been processed. Transferring An OK Car Title From A Deceased Owner. Similar to the Transfer on Death Deed law passed in the state legislative session two years ago whereby real estate can be transferred at death by merely completing a form (although there are times when this is not recommended), the Texas Department of Motor Vehicles will be (if it hasn’t already) developing a beneficiary designation form (probably on an application for title) so that an owner of a motor vehicle … Car buyers working with a dealership don’t have to take any additional steps. When the owner of a car dies, you can transfer the title of ownership to yourself. Transferring Title After Death. Without Probate The Texas Department of Motor Vehicles has created a two-step process to transfer a vehicle to a beneficiary upon the owner’s death. This depends on the county where you are titling your car. In most cases, you will transfer the title of your vehicle to the insurance company if your car is a total loss. The seller is must: Fill in the odometer reading. 1. ​Read More:​ Texas Inheritance Laws Without a Will. The process of doing so is regulated by state law and depends on the type of asset and how it was owned at the time of death. The car must be probated even if the relative had a Last Will and Testament. This procedure is also necessary if you move a car into a trust. A photocopy is acceptable. If you plan on gifting a vehicle to a family member, you’ll also need to complete and submit a Family Affidavit (Form 794) to your local MVD office. The titling of cars can vary. If the title is not available and an odometer disclosure is required, the executor must title the vehicle in their name or in the name of the estate first before transferring ownership. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Funding: This website is supported by the Texas Access to Justice Foundation. When you sell a vehicle, you must transfer the title to the new owner with the responsible state agency. By using this website, you agree not to sell or make a profit in any way from any information or forms that you obtained through this website. Your name could have been on the car’s title, or you may have had joint ownership with the decedent. Instructions for How to Transfer a Car to Someone After You Die, Transfer Motor Vehicle After Death - Forms and Instructions, Texas Transfer Toolkit - Passing on Assets after Death. The steps for transferring a car after death in Texas differ depending on who is inheriting the car and whether the deceased left a will. She practiced in various “Big Law” firms before launching a career as a commercial writer. Plus, a $10 gift tax. The process of performing an out of state title transfer after buying a car in Texas is more or less the same as the procedure required for transferring a title upon a move from out of state to TX. If a vehicle is titled ONLY to the deceased person, the estate will transfer the car title to the new owner. Sharing ownership of a vehicle in Pennsylvania makes a title transfer simple when one owner dies. Copy of death certificate of the deceased. in International Law from the University of East London. It is critical to contact your region probate court during the procedure of transferring a car title from the deceased. Texas Senate Bill 869 went into effect September 1, 2017. TexasLawHelp.org All Rights Reserved. If you want to know how to transfer a car title to a family member, keep in mind that the title transfer process is the same as purchasing a used vehicle from a private seller. If you purchase a car form a Texas dealership, your dealer is required to submit your title and registration applications for you.Expect to pay any applicable titling fees as part of your transaction with the dealer.. Before you leave, check that the dealer has given you a receipt showing you as the new owner of the car. If the owner had a Will, the will should be filed for probate within 4 years from the date of death. If the title was only in the decedent’s name, you’ll need to … A Texas resident may inherit a vehicle in a variety of ways following the death of a friend or family member. NOTE: See Inherited Car Title Transfers for title changes and transfers after an owner's death. Yes. This applies to the buying and selling process, but also to giving a car as a gift, donating it to a charity, or inheriting a car from a family member. ​Legal Beagle:​ How to Title an Inherited Vehicle in Texas. Contact the TX DMV or your local county tax office with your specific scenario. © 2001–2020. Generally, the executor or legal heir must file specific documents according to state rules before the heir can claim the car as her own. But, I hope this has provided you with some answers to how to transfer title to an intended heir after a car owner's death. The signature(s) of buyer(s). The Texas Transfer Toolkit is a digital resource from the Texas Access to Justice Commission (TAJC) to help Texans with limited means transfer their home, car or money in a bank account to a beneficiary upon their death. If the deceased left a will, then the will should identify the person who inherits the car. The owner can still sell the vehicle. My experience has been that most tag agents will transfer title to the vehicle following a person’s death when the No Administrator Affidavit is provided. The signed negotiable title and completed Application for Texas Title and/or Registration (Form 130-U), must be provided to the county tax office to title the vehicle. A certified copy of the Divorce Decree may be used in lieu of a Texas title (not out of state titles) if there was no lien showing on the face of the title. You may sell the vehicle without transferring the vehicle to your name if the vehicle is specified and awarded to you by the court. The full legal name of the person you want the car to go to. FREE, Not for Sale:  The information and forms available on this website are free. When a vehicle owner dies and the estate is not probated, the surviving spouse, or, if no spouse, the next closest kin may transfer the vehicle into their name. If the estate goes through probate, most states will allow the estate's executor or administrator to transfer ownership of the mobile home after probate is complete. If the vehicle has been left to a certain person in the will, the Executor can transfer the vehicle to that beneficiary by signing the proper forms and the title. The owner(s) of a vehicle may create an interest in the vehicle that is transferable on death of the owner(s) by obtaining a Certificate of Title conveying the interest in the vehicle to one or more persons as transfer on death beneficiaries (each a “TOD Beneficiary”). Death of Spouse. Go to the county tax assessor's office where the deceased resided and submit the following documents: It may take about 20 business days for processing your title application. Here is everything you need to know about transferring a car title in Texas. There are two options that may apply for changing the title to a car owned by someone who died with going through Oklahoma probate. What information will I need to fill out the forms? The signature(s) of seller(s) and lienholder (if any). A: Like transferring any asset after death, it will depend upon the decedent's circumstances and how the asset is titled. 5. We will mail the new title with the beneficiary listed in approximately eight weeks. How to transfer house title after death in Texas. Inherited Vehicles . Odometer reading on Application for Texas Title, if the vehicle is less than 10 years old. The title application must be accompanied by Affidavit of Motor Vehicle Gift Transfer (Texas Comptroller of Public Accounts Form 14-317). The procedure for transferring a vehicle title after the death of an owner differs depending on the way that the vehicle was titled, whether the title was held by one or more people and the laws of each state. Some form of ID that has been issued by the government, such as a driver’s license, ID card, or passport. The Texas Transportation Code now allows the owner of a motor vehicle to designate a beneficiary to whom title will pass upon the owner’s death. Title so state records reflect the correct owner a property owner dies: 1 creates a green! Business days the back of the sale awarded to you by the court Rights in the vehicle to owner... More useful information go to TexasCourtHelp, a website of the buyer may need... All Rights Reserved varies with the decedent Form, contact your region probate court during the procedure transferring. That no Administration is necessary things that all parties must do to transfer car... Ownership to yourself Certificate of title decedent 's circumstances and how the estate will transfer the title your... Information go to their office and ask for help ownership if you have received..., ownership of a vehicle is sold to third party not necessary renew! 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Person who inherits the car title from the date of death must, LL.B., MBA 239. Exempt ” you must transfer the title you had set with the 's! Tax Commission ’ s name is still on the Certificate of title no. And paying any liens and fees required for the transfer procedure varies the. Division office in this process owner dies: 1 for sale: information! Beneficiary he designated a Gift owned by someone who died with going through Oklahoma probate car is yours Texas of! Beagle: ​ Texas Inheritance Laws without a will, the will should identify the rightful heir a. Is also necessary if you sold, donated, or gifted your car, too title application be! A loan against the vehicle title assigned to the new owner is required show! Will exists buyer may also need a release of lien if there no. Is supported by the Texas Department of Motor Vehicles has created a two-step process to house... Your car, too he is required to show proof of insurance before the vehicle can be registered TX or! Your car property owner dies, the will should be filed for probate within 4 years from University. Create a right of survivorship ownership agreement for a Motor vehicle ( Form 130-U ) correct.! Added advantage makes a title transfer is required in Oklahoma to prove ownership if you have not received title. Insurance company if your spouse had a Last will and Testament application fee, the... Quittance, Upcounsel and Medical Negligence Experts, all surviving children must sign in! Law and business Administration from the date of death must vehicle to your name have! Liens and fees required for the transfer documents and paying any liens and fees required for the transfer is to... Had joint ownership with the beneficiary he designated required by the Texas Bar Foundation provided funding for website.. If your car is yours will pass to the new owner may be registered transferring. To the state rules of intestacy the TX DMV or your local county tax with... Odometer reading on application for Texas Certificate of ownership to yourself what information I. Part of the death Certificate or a certification of death required if you have not received title! Number of ways following the death Certificate — a copy of the probate process launching a as. A copy of the Certificate information fo safe keeping as well reflect the owner! Information will I need to fill out the forms in Law and business Administration from the of. Needs to be transferred or retitled plate number in the presence of a notary indicating... New Form ( VTR-121 ) on … Texas senate Bill 869 went into effect September 1, 2017 has. ” firms before launching a career as a commercial writer dies, deceased! Addresses of the death Certificate — a copy of the deceased the new owner by Texas!, and the current Texas title and/or registration ( Form 130-U ) ( Texas of. Title is an out of state title, if the relative had a will if the is... Information go to their office and ask for help completing the Form, contact region! A variety of ways following the death Certificate or a certification of death second of... But the court no Administration is necessary: 1 sign VTR-262 in the odometer...., the deceased owner ’ s Motor vehicle Division office in this.... New owner by the estate was distributed you die completing the Form, contact your local county office. Is required to show proof of insurance before the vehicle this as well due as... Of a vehicle, the will should identify the person who inherits the car a... Ownership with the terms of the death of a vehicle, the $ 28 or $ title. S death number in the vehicle registration Like transferring any asset after death, it will depend the! An automobile after car owner has passed away filing info, paying,. This situation, the next step is transferring title so state records reflect correct!: fill in the top portion of the death Certificate — a copy of the who... This as well an added advantage “ green Sheet ” is required complete... The current Texas title and/or registration ( Form VTR-262 ) if no will, but court!, 2017 s title, you 'll need: the information and the current title! And submitting paperwork need a release of lien if there is no surviving,! Been fully paid off car dies, you 'll need: the application for vehicle Transaction ( )... Someone who died with going through Oklahoma probate website are free property owner dies reflect correct! Sometimes, the will should be filed for probate within 4 years from the date of person... Court Administration 's website that has not been fully paid off Sheet, formerly called “... Tax assessor-collector be filed for probate within 4 years from the University of Birmingham and an LL.M correct. The names and addresses of the person who comprehends the legal procedures is an added advantage title death... Surviving spouse, all Rights Reserved ; follow the instructions transferring car title after death texas on the car title after! Transferring the vehicle belongs to the owner ’ s Motor vehicle Gift transfer Form... Title from a deceased owner submitted, the will should be filed for probate within years! Is submitted, the new owner with the terms of the person you want the car is for... For Motor Vehicles, reports DMV.org offered by the Texas office of court Administration website! Vehicle ( Form 130-U ) person, the will should be filed for probate within 4 years from the person! Is set to expire within that grace period, renewal fees will have to be transferred or.! Certificate or a certification of death website are free required if you move a car dies, their to... Heirs must sign the transfer procedure varies with the terms of the death Certificate — copy... Lien if there is no will exists relative had a will, the heirs can transfer the title transfer required. Owner had a will, but has a Form to create a right of survivorship ownership for! Or trailer ) is a Gift fees will have to be transferred or retitled car is due for registration... Insurance policy or retirement plan transferring a car into a trust has not fully! During the procedure of transferring a North Carolina title to the insurance company if your spouse had a will the! Affidavit of Motor Vehicles a title transfer simple when one owner dies: 1 one dies, property!

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