Efficient, Compassionate Legal Assistance for Probate Matters
Probate Lawyer in Fingerville, SC
If there's one thing that most families can agree on, it's that losing a loved one is tough. It's a grief-stricken time often filled with sleepless nights and free-flowing tears. Between notifying friends, planning funeral services, and working through your own emotions, the thought of Estate Administration is the last thing on your mind. But you know something must be done. You feel obligated to do something about your family member's estate but aren't sure how to proceed or when to do it. You're probably wrestling with hard-to-answer questions like:
- What Happens with My Loved One's Estate?
- What Happens During the Estate Administration Process?
- How Long Will It Take?
- Do I Receive Compensation for My Time?
- What State is Probate Taking Place?
That's where Cobb Hammett comes in - to help guide you through the complicated processes of probate court in South Carolina. Because the truth is, probate can be confusing and intimidating if you're ill-equipped to deal with the court's procedures and inner workings. There is legal paperwork to draft and file, petitions to publish, notices to serve, bonds to file, and a long list of rules that you must adhere to during this time. With a probate lawyer in Fingerville, SC, by your side, however, you can rest easy knowing your loved one's assets are protected, and their legacy is legally preserved.
What is a Probate Attorney in Fingerville, SC?
When someone passes away, their assets have to be distributed according to South Carolina state laws and the directions in their Will. Your probate lawyer will be a significant source of help in this regard, as they will guide an executor of a Will or Beneficiaries of an estate through the often-confusing probate process. From identifying notating estate assets to distributing inheritances, your probate attorney is a crucial partner during this difficult time in your life.
At Cobb Hammett, our probate attorneys understand that when a client's loved one dies, they need a caring presence by their side. But they also need a confident source of knowledge that can act on their behalf as they grieve. That's why, given the complex nature of probate law, it's a good idea to have a trusted attorney on call who can settle an estate and handle the nuanced issues that arise in probate court.
- Walk You Through the Aspects of Your Probate Case
- Prepare and File All Necessary Paperwork by the Mandated Deadlines
- Help You Stay Abreast of Requirements and Responsibilities
- Identify Estate Assets
- Help Pay Debts and Bills
- Transfer Assets to the Appropriate Parties
- Assist with Estate Disputes
- Resolve Income Tax Issues
- Advise You of Your Rights
- Remain Prepared and Organized to Help Reduce Your Stress
Administering a decedent's estate can be a long, arduous process. That's especially true if disputes are involved with Beneficiaries. When you consider the chances of being held liable for decisions you make as a Personal Representative of an Estate, working with a probate lawyer from Cobb Hammett Law Firm just makes good sense.
About The Cobb Hammett Law Firm Difference
As seasoned probate lawyers in South Carolina, we understand that Estate Administration often involves sensitive family dynamics as much as it does the legal minutia involved in probate law. After all, a person's estate not only affects their generation but the generations that follow.
But when your loved one passes, their assets must be managed and distributed correctly. When mismanaged, disputes often arise between parties like the Beneficiaries, Trustees, Heirs, or Executors of a Will. Even when everything is managed the right way, arguments and misunderstandings can still occur, and even evolve into bitter legal battles necessitating probate litigation.
It stands to reason, then, that you should hire a probate lawyer in Fingerville, SC to help. But the truth is, many attorneys don't have vast experience with probate and trust work. If they do, they aren't usually seasoned trial attorneys. That's what separates probate attorneys at Cobb Hammett, LLC from others - we have the ability to help plan your Estate and litigate estate disputes if they arise.
We are keenly familiar with local probate judges, courtroom staff members, and the related procedures involved with South Carolina probate law. Our intimate knowledge and experience help us successfully navigate the probate process to complete our client's cases quickly and efficiently.
But that's just one aspect that sets Cobb Hammett apart from other firms. Understanding the importance of personalized attention, we also make an intentional decision to limit our law firm's overall caseload. This allows us to better focus on individual clients, many of whom remain with us for generations. We do not pass off cases to paralegals or junior associates but rather prioritize the attorney-client relationship. We value compassion and integrity, and our practice reflects those values.
Moreover, trust is one of the most important aspects of the attorney-client relationship. We work to create an open, friendly environment in which you can feel comfortable. After years of experience, we boast the skill and experience necessary to earn that trust - and that's a priceless commodity when it comes to probate cases in South Carolina.
Our attorneys love probate and estate-related legal services, including but not limited to the following:
Estate Administration
When our probate lawyers assist with Estate Administration, our team prioritizes efficacy and efficiency to ensure all tasks are accomplished correctly and on time. That way, our clients endure less stress while looking good in front of family members.
Estate Disputes and Litigation Cases
When an Estate is disputed and requires litigation, Cobb Hammett probate attorneys fight to win on our client's behalf. From holding unfaithful Executors accountable to contesting Wills, our team searches for the best way to achieve our client's goals.
Trust Administration
Things get more complicated in probate cases where Trusts are involved. To ensure that the terms of the Trust are met and handled correctly, our team works closely with clients to advise them on how to proceed.
Trust Disputes and Litigation Cases
Every Trust is different. By proxy, every Trust dispute must be handled in a unique manner. After a careful analysis of the Trust and South Carolina law, our team will determine the best strategy to achieve our client's goals.
Understanding The Probate Process in South Carolina
When a loved one passes away, it's natural to go through a time of emotional adjustment. However, it's crucial for the family of the loved one to face the financial realities of their estate. That reality includes the probate process, which involves distributing assets and settling the estate. A probate attorney in Fingerville, SC is often recommended to assist during this time. This process isn't just recommended - it's often a legal responsibility in South Carolina.
Steps to the Probate Process in South Carolina
Delivery of Will Upon Death: During probate, the first step involves having a will delivered to an Estate Administrator or to the probate court. The deadline to accomplish this task is 30 days.
A Personal Representative is Assigned: This individual is often named in a Will and should be appointed officially by the court.
A Notice is Sent to Intestate Heirs: If these heirs feel that they should inherit, they have a right to challenge this step.
The Estate is Inventoried and Appraised: This process must occur within 90 days of opening an estate. In some estates with valuables like jewelry, art, and property, professional appraisers may be needed.
Settling Accounts: During this step, the estate must pay any applicable taxes, ongoing expenses, or outstanding debts. Should the estate not have enough money to pay these debts, creditors must be paid according to South Carolina code.
Distributions: If there is money in the estate after debts are paid, those funds are given to heirs of the estate, according to the Will or the State.
Discharge: As soon as any claims are paid, the personal representative of the estate will file documents to close the estate. To make this official, the court will issue a Certificate of Discharge.
Avoiding Probate in South Carolina
Though most estates in South Carolina must go through probate, it is possible to avoid. This happens when a decedent's assets are placed in a Living Trust prior to their death. In this scenario, beneficiaries must be designated in order to inherit the estate. Suppose there are funds that have been promised to beneficiaries via life insurance policies or bank accounts with "payable upon death" designations. In that case, those funds do not have to go through probate.
Assets subject to probate in South Carolina include:
- Interest in an LLC, Partnership, or Corporation
- Real Estate Held as a Tenant in Common
- Property Held in Only the Deceased's Name
Assets that are not subject to probate in South Carolina include:
- Assets Placed in a Trust
- Assets Which Are Already Tied to a Beneficiary
- Pension Plan Assets
- Insurance Policies with Beneficiaries
- Beneficiaries of Retirement Funds
- Real Estate or Property with Right of Survivorship
- Real Estate or Property with Joint Tenancy
- Accounts That Are Transferable or Payable Upon Death
Avoiding Probate: Yes or No?
Though it's not always possible, some families go out of their way to avoid the probate process in South Carolina. Doing so can help save money in the long run and also expedite the distribution of funds to heirs. By avoiding probate, you're also keeping personal matters private.
Because every person has different estate and probate complexities, it's hard to say whether avoiding probate is good or bad. Whether or not you should avoid probate depends on your unique situation. As a general rule, it's always best to consult with a probate lawyer in Fingerville, SC, for honest feedback and probate assistance.
Typically, having a Living Trust or a Will in place will make transferring assets easier. A little prep ahead of time will make a world of difference when your loved one passes away. After all, nobody is ever prepared for a relative or family friend's death, but a compassionate, trustworthy probate attorney can make the process easier.
FAQsSouth Carolina Probate FAQs
For many families, "Probate" is a dirty term that involves heartbreak and headaches. And while the probate process in South Carolina can be complex and stressful, having answers to some of the most common probate questions can help put your mind at ease.
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My family member recently passed away, and we're considering their estate. How long will the probate process take?
The time it takes an estate to go through probate in South Carolina varies depending on a number of questions, including:
- Does the deceased have a valid will?
- Is the Estate complex or large?
- Is the Will contested?
- Have any lawsuits been filed?
- Is the personal representative of the estate efficient?
When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.
My loved one mentioned opening a Trust to protect my assets. What is a Trust, and what Trusts should I consider?
As is the case with most probate decisions, opening a Trust should be based on your unique situation and guidance from your probate attorney in Fingerville, SC. With that said, a Trust is meant to hold property for your loved one's benefit. When a Trust is created, assets are transferred into the said Trust and managed accordingly. Though there is a common misconception that Trusts are reserved for the wealthy, just about any family can benefit from opening a Trust.
The most common types of Trusts used in probate include:
- Living Trust: These trusts are opened and controlled by you while you're still living. When you pass away, the assets in the trust are distributed to the beneficiaries you choose. Typically, these trusts do not go through the probate process.
- Testamentary Trust: These trusts are usually established after you pass away and are included in your will. These trusts must go through the probate process in South Carolina, though they allow for the distribution of property within a certain time frame.
- Special Needs Trust: This type of trust gives financial support to your loved one if they are disabled.
When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.
What happens when somebody dies without a will in South Carolina?
When a person passes away without a Will in South Carolina, the state decides who gets their decedent's assets. This is also called passing intestate. When this happens, usually only spouses, blood relatives, or registered domestic partners can inherit property according to intestate succession laws.
Relatives who receive the probate property of the deceased are usually chosen in the following order:
- Living Spouse
- Children or Grandchildren
- Parents
- Brothers or Sisters
- Grandparents
- Uncles and Aunts
- Extended Family
If you're in need of a veteran probate lawyer in South Carolina, look no further than Cobb Hammett Law Firm. With years of experience in Estate Administration and probate cases, our team is ready to serve you with excellence and protect your interests. Have additional questions? We're here to help. Contact our office today to learn more about Estate Administration in South Carolina.
Legal Consultation
Law is complicate matter. It can cause you a big problem if you ignore it. Let us help you!
A Caring, Confident Approach to Probate in South Carolina
Planning your estate is the first step to take if you want to protect your family, your assets, your well-being, and the fruits of your hard work.
At Cobb Hammett, LLC, our team of experienced probate lawyers in Fingerville, SC, can help you navigate the entire Estate Administration process. Through creative legal strategies and a clear understanding of your goals and desires, we work together to make your asset and estate visions a reality. It's never too early to get your estate in order. In fact, estate planning is important for everyone, whether you're single or married, young or old, with or without children. If you're ready to protect your assets and be prepared for probate, contact Cobb Hammett, LLC, today.
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Latest News Near Me Fingerville, SC
Spartanburg Water on tap to serve another record year of growth in Spartanburg County
Bob Montgomeryhttps://www.goupstate.com/story/news/local/2021/03/17/spartanburg-water-record-growth-2020-spartanburg-county-sc/6804374002/
Every time a new home pops up, Spartanburg Water likely gains another customer.Although septic systems are still allowed, most of the 2,200-plus homes being built in the fastest-growing areas of western and northeastern Spartanburg County will be tapping into the water system's Sanitary Sewer District.Spartanburg Water controls most of the sewer districts, several of which were absorbed decades ago from abandoned textile mill systems.Spartanburg Water also controls much of the water flow, covering 864 squa...
Every time a new home pops up, Spartanburg Water likely gains another customer.
Although septic systems are still allowed, most of the 2,200-plus homes being built in the fastest-growing areas of western and northeastern Spartanburg County will be tapping into the water system's Sanitary Sewer District.
Spartanburg Water controls most of the sewer districts, several of which were absorbed decades ago from abandoned textile mill systems.
Spartanburg Water also controls much of the water flow, covering 864 square miles and providing 26 million gallons of water each day to more than 200,000 customers.
While other smaller water systems serve chunks of the county, Spartanburg Water receives most of the new water customers as well, including in the city of Spartanburg.
Record growth
According to recently released numbers, both the water system and sewer system saw record growth in 2020, and officials see the potential for another record this year.
Sewer and water are the less-pretty but important parts of the big economic development picture that over the past 10 years has brought 195 projects, 14,888 jobs and $6.9 billion in capital investment, as well as an estimated 46,000 new residents to Spartanburg County, according to OneSpartanburg, Inc.
In the first two months this year, OneSpartanburg officials said five projects totaling $573.4 million in investment and 1,359 new jobs already outpace the total investment and jobs for all of 2019 and 2020 in Spartanburg County ($773 million and 1,197 jobs total).
"Wastewater treatment facilities were expanded, roads widened, major water lines put in place all before any companies committed to come to the area," said Spartanburg County Councilman David Britt, the county's economic development chairman.
"You build it, they will come. And they have by the billions of dollars of investments and the thousands of new high-paying jobs. It takes vision and action to make it all happen."
City growth served
A big part of the growth served by Spartanburg Water has been in downtown Spartanburg.
"We see a tremendous amount of apartments coming in and getting permitted," said Gene Jackson, capital projects officer for Spartanburg Water.
Eleven projects featuring 979 apartments, homes and townhomes are under construction or development in the city. The largest is Liberty Street Apartments with 200 units, Bon Haven with 150 units, Kennedy Street Apartments with 132 units and Northside Station Apartments, 90 units.
"We have crept up from 20 years ago," said longtime Spartanburg Water CEO Sue Schneider. What we've seen in the downtown area, in particular the northside, it continues to grow."
Last year officials said the sewer system built 19 miles of new sewer line and provided service for 2,571 lots from 40 new projects, bringing in $1.2 million a year in expected revenue.
Also last year, the water system built 10 miles of new lines for 38 new projects and 1,402 homes, adding $700,000 in revenue annually.
A record for new connections
Spartanburg Water also gains revenue from sewer and water taps, which are a one-time charge to each new customer.
There were 2,301 sewer taps last year, eclipsing the 2019 total of 923 taps and the previous yearly high of 1,153 taps in 2018. The new taps brought in $3.3 million in revenue during fiscal year 2020 and through January 2021.
There were also 1,181 water taps in 2020, topping the 2019 total of 930 taps and a previous yearly high of 1,049 in 2008.
The sewer tap fee for each new home is $850. By comparison, ReWa (Renewable Water Resources) charges connection fees ranging from $1,250 for each one-bedroom unit in a multi-family housing complex to $2,500 for a residential home, according to ReWa's website.
Spartanburg Water's minimum water tap, meter and capacity fee is $1,515. By comparison, the total minimum water connection fee of Greenville Water is $2,780 for new residential homes and $2,220 for new apartments, according to Greenville Water's website.
Agile workforce
Despite the growth and larger workload, Schneider said she doesn't expect Spartanburg Water to have to add to its workforce of 300.
She said much of the maintenance and line replacement work is planned well in advance so that the existing workforce can transition from one project to the next.
Projects are also scheduled on a "pay as you go" basis, meaning the next project begins when payment from the previous project is received, she said. As a result, she said no rate increases are anticipated.
Hot growth areas
Outside of the city, most of the recent residential growth has been in western, southwestern and northeastern Spartanburg County.
In County Council District 6, which includes the western areas around Reidville, Duncan, Lyman and Wellford, there are five residential developments totaling 853 units that have been submitted since November, including the 313-home Ravencrest, 277-lot Collier Ridge and 204-lot Iris Meadows subdivisions.
In District 4, which encompasses southwestern Spartanburg County from Reidville to Woodruff and Cross Anchor to Roebuck, there are 652 homes under construction. The largest subdivisions are the 317-lot Sycamore Cove and 167-lot Linden Park.
Jackson said sewer lines were laid several years ago along most of S.C. Highway 290 to serve the industrial growth there and at Tyger River Industrial Park. More recently lines have been extended along Reidville Road to S.C. Highway 417 and Lightwood Knot Road to serve residential growth.
In District 2, which includes greater Boiling Springs and Chesnee and lakes in northeastern Spartanburg County, since November there have been plans for 766 new residential units submitted since November.
Among them are the 244-unit Chestnut Springs townhome development, 128-lot Hazelwood subdivision, 96 lots of the planned 780-lot Pine Valley subdivision and 25 lots of the 124-lot Bexley Park development.
In all, Boiling Springs has 15 subdivisions that make up a total of 1,660 lots either under construction or with construction starting soon.
Partners in growth
Britt said the rate of growth since BMW Manufacturing opened in Spartanburg County in 1994 couldn't have occurred without the partnership of infrastructure providers, including Duke Energy, Laurens Electric, Piedmont Natural Gas, Lockhart Power, AT&T, Greenville-Spartanburg International Airport and the S.C. Ports Authority with the Inland Port at Greer.
"Companies expect sites to have the basic infrastructure needs ready to go – water, sewer, natural gas, electricity and roads," Britt said. "If they don't, you have nothing more than a field or pasture."
Staff writer Genna Contino contributed to this report
Contact Bob Montgomery at [email protected]
Weather alert issued for Spartanburg County Saturday night, winds gusting up to 50 mph
SC Weather Bothttps://www.thestate.com/news/weather-news/article305661391.html
The creation of this content included the use of AI based on templates created, reviewed and edited by journalists in the newsroom. Read more on our AI policy here.A weather alert was issued by the NWS Greenville-Spartanburg SC on Saturday at 10:44 p.m. for strong thunderstorms until 11:15 p.m. for Spartanburg County.Residents can look for wind gusts of up to 50 mph."At 10:44 p.m., Doppler r...
The creation of this content included the use of AI based on templates created, reviewed and edited by journalists in the newsroom. Read more on our AI policy here.
A weather alert was issued by the NWS Greenville-Spartanburg SC on Saturday at 10:44 p.m. for strong thunderstorms until 11:15 p.m. for Spartanburg County.
Residents can look for wind gusts of up to 50 mph.
"At 10:44 p.m., Doppler radar tracked a strong thunderstorm 12 miles southeast of Columbus, or near Lake Bowen, moving northeast at 40 mph," according to the NWS. "Gusty winds could knock down tree limbs and blow around unsecured objects."
Locations impacted by the alert include Campobello, Lake Bowen, Chesnee, Green Creek, Fingerville, Inman and Boiling Springs SC.
The NWS states, "If outdoors, consider seeking shelter inside a building."
This alert is in effect until 11:15 p.m.
Lightning hits the United States approximately 25 million times annually. The majority of these strikes happen during the summer, causing around 20 fatalities each year, according to the NWS. The likelihood of lightning increases as a thunderstorm gets closer and reaches its highest point when the storm is directly overhead. This risk decreases as the storm moves away.
Here are recommendations for maintaining safety during a thunderstorm:
If finding indoor shelter is not an option:
What is hydroplaning?
Hydroplaning is when a vehicle starts uncontrollably sliding on wet roads.
This happens when water in front of the tire builds up faster than the vehicle's weight can push water out of the way. The water pressure then causes the vehicle to rise and slide on a thin layer of water between the tires and the road, making the driver lose control. Hydroplaning is most commonly attributed to three factors:
In the event of your vehicle hydroplaning, here's what to know:
Source: The National Weather Service
This story was originally published May 3, 2025 at 10:50 PM.
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Meet the Spartanburg County School District's Teachers of the Year
Ashley Dillhttps://www.goupstate.com/story/news/2021/09/02/spartanburg-county-teachers-year-2021-22-south-carolina-schools/8125540002/
Spartanburg County School districts have announced their district and school Teachers of the Year for the 2021-22 school year.But what does it mean to be Teacher of the Year?Teachers of the Year are teachers who strive to make their classroom and school a better place for their students and who teach their students to have a positive impact on their school as well as their community.Spartanburg County School District 6 decided to show their appreciation for their teachers and support staff in an unprecedented way. Distri...
Spartanburg County School districts have announced their district and school Teachers of the Year for the 2021-22 school year.
But what does it mean to be Teacher of the Year?
Teachers of the Year are teachers who strive to make their classroom and school a better place for their students and who teach their students to have a positive impact on their school as well as their community.
Spartanburg County School District 6 decided to show their appreciation for their teachers and support staff in an unprecedented way. District 6 has named every teacher Teacher of the Year for their school and every support staff Support Staff of the Year for their school.
“I can’t properly put into words how grateful I am to our school community, faculty and staff, students, and parents for pulling together and making this happen for the children School District 6,” Darryl Owings, District 6 Superintendent said. “Thank you from the bottom of my heart.”
District 1 Teachers of the Year
District 1 Teacher of the Year: Jenna Brock, O.P. Earle Elementary
Mitchell Pack, Campobello Gramling School
Ashley Ussery, Holly Springs-Motlow Elementary
Amy Smith, Inman Elementary School
Denise Riske, Inman Intermediate School
McKensie Revels, New Prospect Elementary
Stephanie Quinn, Landrum Middle School
Jessica Wofford, Mabry Middle School
Molly Blackwell, Chapman High School
David Evette, Landrum High School
Carmen Knight, Swofford Career Center
District 2 Teachers of the Year
District 2 Teacher of the Year: Marissa Drake, Mayo Elementary School
Clancy Bishop, Hendrix Elementary School
Deidre Cantrell Carlisle-Foster’s Grove Elementary School
Marissa Drake Mayo Elementary School
Carrie Foster Boiling Springs Elementary School
Melissa Guerrero Shoally Creek Elementary School
Justin Hicks Chesnee Middle School
Allison Jones Oakland Elementary School
Carmen Knight Swofford Career Center
Thomas Kusterer Rainbow Lake Middle School
Dawn Lipscomb Chesnee High School
Joshua Miller Boiling Springs Middle School
Sandra Padgett Chesnee Elementary School
Benjamin Settle Cooley Springs-Fingerville Elementary School
Meredith Wall Sugar Ridge Elementary School
Heike Wrenn Boiling Springs High School
District 3 Teachers of the Year
District 3 Teacher of the Year: Chase Moyer, Cannons Elementary
Jaclyn Richards, Cowpens Elementary School
Thomas Voelker, Cowpens Middle School
Janice Baker, Middle School of Pacolet
Andre Dubois, Daniel Morgan Technology Center
Morgan Hammett, Pacolet Elementary School
Tyler Crosby, Broome High School
Patsy Farmer, Virtual Program
District 4 Teachers of the Year
District 4 Teacher of the Year: Jami Guker, Woodruff Middle School
Tobey Rhodes, Woodruff Primary School
Lori Merck, Woodruff Elementary School
Laura Lawton, Woodruff High School
District 5 Teachers of the Year
District 5 Teacher of the Year: Heather Poore, Byrnes High School
Jennifer Morrisey, Abner Creek Academy
Ashley Martin, Duncan Elementary School of the Arts
Whitney French, Lyman Elementary School
Leah Owens, Reidville Elementary School
Rend Draz, River Ridge Elementary School
Erica Yelton, Wellford Academy of Science and Technology
Melissa Brannon, Beech Springs Intermediate School
Valerie Calsing, Berry Shoals Elementary School
Gina Moniouk, D.R. Hill Middle School
Michelle Black, Florence Chapel Middle School
Kathleen Skoby, Byrnes Freshman Academy
Heather Poore, Byrnes High School
Virtual Academy
Heather Cassidy, Elementary
Brittany Prince, Middle
Tom Barber, High
District 7 Teachers of the Year
District 7 Teacher of the Year: Kelli Hardigree, Pine Street Elementary School
Renata Jean, Cleveland Academy of Leadership
Reta Ridgeway, Drayton Mills Elementary
Kate Thrift-Winch E. P. Todd School
Madison Vanderlip, District 7 Early Learning Center
Kerry Duncan, Jesse Boyd Elementary
Rachel Abercrombie, Mary H. Wright Elementary
Tynesha Champion, Carver Middle
Morgan Jenkins, McCracken Middle
Angela Eaton, Spartanburg High
Andrew Basham, McCarthy Teszler
Michele Mangum, Whitlock Flexible Learning Center
Susan Hoffman, District 7 Virtual School
Ashley Dill is a native of Spartanburg and has been on staff for the Herald-Journal for 14 years. She covers community news and can be reached at [email protected] or on Twitter at @ashleydill_shj.
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