Probate Lawyer in Greenville, SC

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 Greenville, 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.

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 Greenville, SC is often recommended to assist during this time. This process isn't just recommended - it's often a legal responsibility in South Carolina.

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Steps to the Probate Process in South Carolina

01

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.

02

A Personal Representative is Assigned: This individual is often named in a Will and should be appointed officially by the court.

03

A Notice is Sent to Intestate Heirs: If these heirs feel that they should inherit, they have a right to challenge this step.

04

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.

05

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.

06

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.

07

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.

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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
 Probate Attorney Greenville, SC
Probate Lawyer Greenville, SC

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
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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 Greenville, 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.

Q.

My family member recently passed away, and we're considering their estate. How long will the probate process take?

A.

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.


Q.

My loved one mentioned opening a Trust to protect my assets. What is a Trust, and what Trusts should I consider?

A.

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 Greenville, 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.


Q.

What happens when somebody dies without a will in South Carolina?

A.

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.

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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 Greenville, 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 in Greenville, SC

Trump administration cuts cancel SC programs providing fresh produce to schools, food banks

This article has been updated with additional details.The Trump administration announced the cancellation of funds aimed at providing fresh produce for children and seniors in South Carolina.Schools and community food banks have purchased locally grown produce as part of the U.S. Department of Agriculture's efforts to promote nutrition and support independent farmers.But the USDA has canceled funding for two programs — Local Food for Schools and the Local Food Purchase Agreement — as p...

This article has been updated with additional details.

The Trump administration announced the cancellation of funds aimed at providing fresh produce for children and seniors in South Carolina.

Schools and community food banks have purchased locally grown produce as part of the U.S. Department of Agriculture's efforts to promote nutrition and support independent farmers.

But the USDA has canceled funding for two programs — Local Food for Schools and the Local Food Purchase Agreement — as part of an aggressive, across-the-board effort to reduce federal spending.

The USDA cuts total about $1 billion, including $14.5 million that would have come to South Carolina.

The South Carolina Department of Agriculture administers the Local Food for Schools and Local Food Purchase Agreement programs.

Communications director Eva Moore said that from January of 2023 to May of 2024, the Local Food for Schools provided fresh fruits and vegetables for more than 213,000 schoolchildren in South Carolina.

The program also supported payment of $2.6 million to independent farmers. About $500,000 covered the costs of distribution and storage.

“The Local Food for Schools program helped schools add fresh, local food to children’s plates,” Moore said. “The program has also helped South Carolina farmers find new markets for their crops.”

It is unclear how the USDA cuts will affect schools in the Upstate.

Tim Waller, director of media relations with Greenville County Schools, said the district participated in the Local Food for Schools program during the 2023-2024 school year, spending $287,000 on produce, but hasn’t taken part in the initiative this year.

“As a rule, we try to buy locally grown produce when possible, with or without (Local Food for Schools) money,” he added.

Spartanburg School District Six has a robust farm-to-school program that has received USDA funding support in the past.

“As of now, we do not have any cuts that are impacting Spartanburg School District Six,” said chief communications officer Cynthia Robinson in an email. She would not comment on the possible impact of the USDA’s coming cancellation of the Local Food for Schools funds.

Efforts to reach officials with other Spartanburg County districts for comment on their school lunch programs were unsuccessful.

Moore said that despite the USDA funding cut, “(O)ur agency will continue working to connect schools and farmers to provide local food options for children in South Carolina and new opportunities for the agriculture industry.”

Meanwhile, the Local Food Purchase Agreement has provided produce for food banks and pick-up programs – including fresh fruit and vegetable giveaways in Spartanburg and Greenville.

The announced Trump administration cuts have been expected for a number of weeks, said Michael Brown, who serves as executive director of Sustaining Way, a Greenville-based nonprofit that promotes food security and environmental sustainability in the Upstate.

Sustaining Way has used funds from the Local Food Purchase Assistance program to coordinate fresh produce donations in Spartanburg and Greenville. “We’ve been helping to feed about 700 people, overall,” Brown said.

Many of those served by Sustaining Way are older community members. For them, “fresh produce is vital for maintaining health, preventing chronic diseases, and improving quality of life,” Brown said.

“Access to high-quality fruits and vegetables can help combat issues like malnutrition and food insecurity, ensuring that seniors receive essential nutrients that support their immune systems and overall health.”

Brown said Sustaining Way is hoping that state lawmakers and private donors may help to make up for the loss of federal funding. “We are open to looking into all possible opportunities offered by local entities and foundations that can support our work,” he said. “We’re just trying to circle the wagons right now.”

Table 301, chef Nico Abello to open Michelin-level restaurant in prominent downtown Greenville space

GREENVILLE — This was always the plan.After joining the team of Table 301 Hospitality in 2022, acclaimed chef Nico Abello and Table 301 founder and president Carl Sobocinski spoke about the future and it always included a restaurant, one that would push forw...

GREENVILLE — This was always the plan.

After joining the team of Table 301 Hospitality in 2022, acclaimed chef Nico Abello and Table 301 founder and president Carl Sobocinski spoke about the future and it always included a restaurant, one that would push forward the bounds of Greenville’s culinary scene.

Now, the two are ready to share.

The new restaurant will be in a prime downtown location: Riverplace, on the third-floor space above Table 301's The Lazy Goat overlooking the Reedy River. Plans call for renovating the space, which has been used for banquets and private events, into a 50-seat intimate dining space that will open late this year.

The Lazy Goat, which celebrated its 18th year in operation this year, will continue as it is.

Renovations, which will begin this summer, will include building an open kitchen where guests will be able to interact with the culinary team.

Abello and Sobocinski announced the coming as-yet-unnamed restaurant at a March 12 at a special dinner event.

The idea is to create a unique dining experience that is refined and precise where food and technique is concerned and also inviting and comfortable in feel — a place that would be worthy of a coveted Michelin star.

“You know, if somehow if Michelin comes here, yeah, I will go for it again,” Abello said humbly after the announcement was made Wednesday night. “I believe it is in my DNA.”

Abello brings Michelin-level experience. The French-born chef cut his chops in Michelin-star restaurants in France and in New York.

In 2016, he helped open L’Appart in New York. The restaurant earned a Michelin star within six months of opening.

In 2021, the chef moved to Greenville to lead the culinary operations at The Grand Bohemian Lodge, but the position proved not the right fit. He joined Table 301 in November 2022 with the ultimate goal of opening his own restaurant.

Abello will be a chef partner in the new restaurant, eventually taking over full ownership.

For years, Sobocinski has spoken of building a Michelin-star-worthy restaurant in his adopted city.

In past interviews, the passionate restaurateur has often alluded to Devereaux’s. That restaurant, which operated in Greenville from 2005 to 2013 brought a new form of fine dining to Greenville with an intense commitment to local sourcing and bounds-pushing cuisine. But despite passionate fans — Sobocinski among them — Devereaux’s was a bit ahead of its time.

Plans for Abello's new concept call for featuring prix fixe menus. Ideas are still in process but are centered on five-to-10-course tasting menus that change monthly with menus that explore ingredients from the inside out.

You can find clues to the concept in Abello’s popular tasting dinner series pop-ups that he has been doing over the past year and a half. The meals are multi-course and ever-changing, infused with a level of aesthetic and flavor and technique that is at times awe-inspiring in its beauty and simplicity.

Recent menu items have included roasted scallop with cauliflower mousseline, caviar and squid tuile, roasted shrimp tartare with salmon roe, lamb chop with eggplant, tomato confits and black garlic lamb jus perfume with fresh basil and Comte cheese with truffle whipped cream and crispy brioche.

“You take one element and what can you do with one element?” Abello said in an interview with The Post and Courier in 2023. “It can be a root and how can you make this vegetable some kind of 'wow'? But at the same time, very simple. When I cook and I create menus, I don’t want people to try to find what that is. Eating is a pleasure.”

Details of the restaurant are forthcoming. In the interim, Abello will host a series of guest chef dinners that will give people a taste of what’s to come. For more and to keep up to date, visit chefnicoabello.com

Flournoy Development Group breaks ground on luxury mixed-use community in Greenville, SC

Flournoy Development Group has announced the groundbreaking of District South, a luxury mixed-use community set to transform a 21-acre site in Greenville, South Carolina.The development promises to blend upscale living with convenient access to the city’s economic and lifestyle amenities.District South will feature a diverse collection of residences, including 365 multifamily units, 90 for-rent townhomes, and six carriage homes.In addition, the community will offer 13 retail spaces, enhancing the l...

Flournoy Development Group has announced the groundbreaking of District South, a luxury mixed-use community set to transform a 21-acre site in Greenville, South Carolina.

The development promises to blend upscale living with convenient access to the city’s economic and lifestyle amenities.

District South will feature a diverse collection of residences, including 365 multifamily units, 90 for-rent townhomes, and six carriage homes.

In addition, the community will offer 13 retail spaces, enhancing the live-work-play environment for its residents.

The residential component will consist of five four-story apartment buildings, 12 townhome buildings, and three carriage home buildings, all designed to foster connectivity within the community and to the surrounding area.

Strategically positioned near Interstates 85 and 385, District South offers convenient access to major employers such as BMW, GE, Michelin, Jacobs, and Fluor.

Located off the Woodruff Road corridor, residents will enjoy close proximity to a variety of dining, entertainment, and retail options, including Whole Foods, Fresh Market, Publix, and Sprouts.

Just 15 minutes from Downtown Greenville, the location is ideal for professionals seeking a balance between city and suburban life.

The community will offer a wide range of amenities focused on wellness, relaxation, and social engagement.

Residents can take advantage of a grab-and-go market, a resident lounge, a state-of-the-art fitness and wellness centre, and a swimming pool with a pool courtyard.

Outdoor grilling stations and entertainment areas will provide spaces for social gatherings, while pet owners will appreciate the inclusion of a dog park and an indoor pet spa.

Each apartment home will feature thoughtfully designed one- and two-bedroom layouts with upscale finishes.

Quartz countertops, stainless steel appliances, vinyl plank flooring, and full-size washers and dryers will come standard, providing residents with a comfortable and stylish living experience.

The project is being brought to life by a team of experienced professionals, including Dynamik Design as the architect, McShane Construction as the general contractor, and Gray Engineering handling the civil engineering aspects.

Flournoy Properties Group will oversee the management of the community upon completion.

This groundbreaking follows Flournoy Development Group’s recent commencement of construction on Ellison Nona, a multifamily project in the Lake Nona submarket of Orlando, Florida, further solidifying the company’s presence in the Southeast’s growing residential market.

Severe storms coming to the Upstate, tornadoes possible: See the latest forecast

Strong storms are heading to the Upstate, the N...

Strong storms are heading to the Upstate, the National Weather Service says, and tornadoes could spin out of them.

The weather service has issued a Hazardous Weather Outlook for Anderson, Greenville and Spartanburg counties, among many others in South Carolina, North Carolina and Georgia, for Saturday into Sunday, March 15-16. According to the statement, "A powerful storm system will impact the region Saturday evening into Sunday bringing heavy rain and severe storms."

Here's what we know about the storm system and dangers it could bring.

Tornadoes possible in the Upstate

Christiaan Patterson, a meteorologist with the NWS based at GSP, detailed the storm threats.

"We are looking at some thunderstorms impacting the Greenville area Saturday into Sunday," Patterson told the Greenville News Friday afternoon. "The impacts could be strong winds, large hail and tornadoes.

"We cannot rule out strong tornadoes in the area."

Hazardous Weather Outlook

The statement by the weather service issued at 3:44 a.m. Friday coincides with Patterson's outlook.

"The main hazards with any severe storms that develop are damaging wind gusts, tornadoes, and large hail," the statement says. "A strong tornado cannot be ruled out. Additionally, locally heavy rainfall may result in isolated nuisance to minor flooding, especially across the southwest North Carolina mountains and the South Carolina and Georgia mountains. Gusty non-thunderstorm winds will develop Saturday into Sunday, with gusts from 35-50 mph across the North Carolina mountains and 25-35 mph gusts elsewhere."

When will the storms begin?

The weather service's detailed forecast indicates the storms will start in the early morning hours Sunday.

Saturday: Mostly cloudy, with a high near 77. Winds 8-13 mph in the morning and could gust as high as 22 mph.

Saturday night: Showers, with thunderstorms also possible after 2 a.m. Low around 62. Wind 13-17 mph, with gusts as high as 37 mph. Chance of precipitation is 100%. New rainfall amounts between a half and three quarters of an inch possible.

Sunday: Showers and possibly a thunderstorm, mainly before 3 p.m., then a chance of showers and thunderstorms after 3 p.m. High near 73. Wind around 18 mph, with gusts as high as 34 mph. Chance of precipitation is 90%. New rainfall amounts between a half and three quarters of an inch possible.

Sunday night: A chance of showers and thunderstorms before 10 p.m., then a slight chance of showers between 10 p.m.-2 a.m. Mostly clear, with a low around 45. Wind 7-9 mph with gusts as high as 18 mph. Chance of precipitation is 30%.

Monday: Sunny, with a high near 64.

Todd Runkle is the Carolinas Connect editor and also a trending news editor for the Asheville Citizen Times, part of the USA TODAY Network. Reach him at [email protected].

Weekly events: Family fun at every turn

Baseball, bugs and a place to play a tune – it’s all coming up this weekend. Plan ahead for the rest of March with Upstate Parent’s full calendar, plus emergency prep tips, law basics for parents and much more at upstateparent.com.To include your organization’s family friendly events in Upstate Parent, email chris@worthyplace....

Baseball, bugs and a place to play a tune – it’s all coming up this weekend. Plan ahead for the rest of March with Upstate Parent’s full calendar, plus emergency prep tips, law basics for parents and much more at upstateparent.com.

To include your organization’s family friendly events in Upstate Parent, email [email protected].

Better Together: Bugs & Plants – A Study In Science is 9 a.m. – noon March 14 at TR Makers Co. Recommended for ages 5-12. $48 per session. For more information and registration, visit trmakersco.org/product/msall-s25-k5.

Learning Safari: On Guard!, a drop off program for ages 5 – 7, is 10 a.m. – noon March 14 and 15 at the Greenville Zoo. For details and registration, visit greenvillezoo.com.

Afternoon Exploration is 1:30 – 5 p.m. March 14 at Roper Mountain Science Center. For details and tickets, visit ropermountain.org.

Starry Nights programs are at Roper Mountain Science Center March 14. “The Little Star that Could” is at 4:30 p.m. “Cosmic Colors” is at 6 and “Extreme Planets” is at 7:30 p.m. Advance ticket purchases are required. For details, visit ropermountain.org.

Family Free Saturday for all ages is 10 a.m. – 2 p.m. March 15 at the Spartanburg Science Center. Admission is free. No registration is needed. Visit spartanburgsciencecenter.org.

Beautification: The Environmental Legacy of Lady Bird Johnson opens March 15 at the Upcountry History Museum. The exhibition continues through Sept. 7. Visit upcountryhistory.org.

Storytime on the Steps is at 10 a.m. March 15 at M. Judson Booksellers on Main Street in Greenville. Visit for a story time and sweet treat. The event will move indoors to the children’s section if weather requires. Visit mjudsonbooks.com.

Warehouse Theater Shakespeare Workshop is 11 a.m. – noon March 15 at TCMU-Greenville. TCMU-GVL's Dream Theater presents a Shakespeare workshop with The Warehouse Theatre. This is a playful storytelling adventure suitable for audiences of all ages. This performance is included with the price of admission. Visit tcmupstate.org.

The Greenville Drive 20th Anniversary Fan Fest is noon – 4 p.m. March 15 at Fluor Field. The event includes high school baseball, children’s activities and more. Free tickets are required. Claim your free tickets at greenvilledrive.com. Admission is complimentary for Fan Fest and the baseball games. Additionally, single-game tickets for the Drive’s 20th Anniversary season go on sale that morning beginning at 10 a.m. Tickets will be available at GreenvilleDrive.com and at the Box Office located next to the team store in front of Fluor Field on Main Street. The Greenville Drive 20th Anniversary Fan Fest presented by TD Synnex is a family-friendly tailgate party for all ages. Activities include face painting, inflatables and games for kids; visits with the Drive mascot Reedy Rip’It; a photo booth; live music; cornhole and a chance to be part of the Drive's “Home Team” advertising campaign. Wear your Drive gear, register to participate, and your family's photo could be on the team’s next email or a billboard.

Piano Unveiling is at 2 p.m. March 15 at TCMU-Greenville. Thanks to Please Play Me Pianos, TCMU is getting a piano. Learn the name of the piano, hear live performances, join a “Down By the Bay” sing-along, and more. Visit tcmupstate.org.

Bring the Explorers Day is 9 a.m. - 5 p.m. March 19 at Family Trust Federal Credit Union, 1800 Laurens Road, Greenville. Bring your kids to Family Trust Federal Credit Union's new Greenville location to enjoy sweet treats and learn about the credit union’s Explorer Account, which offers perks for good grades, birthdays and more. Visit familytrust.org/greenville-become-a-member.

“Beyond Van Gogh: The Immersive Experience” and “Beyond Monet: The Immersive Experience” are at the Greenville Convention Center through March 30. This is a family-friendly exhibition with music and more. For details, tickets and schedules, visit beyondexhibitions.com.

Upstate International Month continues through March 31. It is a multi-county collaboration of organizations, partners, sponsors and communities. Welcoming, supporting, celebrating and educating through a variety of internationally themed events, UIM promotes our rich cultural diversity, heritage, and global connections. For events and details, visit upstateinternational.org.

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