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Roadmap For Commercial Real Estate Syndication

One of the most important requirements for purchasing commercial property is having enough down payment money, called equity, to complete the transaction. A very popular method of raising these funds when you dont have it yourself is by forming a group of people who pool enough capital to let you close the transaction. They get a portion of the income and appreciation for their funds, you get the rest for finding, analyzing, purchasing, and managing the property.

When you decide to take the step to form groups of investors through the process called syndication, you run into a situation where the law may require you take on a specific duty to fully inform your co-investors of all aspects of the property and the investment. Most people getting involved in group investments are usually under-informed or inexperienced with regard to the following group-investment concepts:

The legal aspects of the co-ownership of real estate.

Factors that affect the value of commercial real estate.

The process and responsibilities involved in commercial property management.

The fair compensation to the group manager or syndicator, who later becomes the property manager.

When you take on the role of syndicator, you actually create an agency duty to your co-investors. You have a higher responsibility to disclose all of the aspects that can affect a particular commercial property investment, both good and bad. So when you form a group for investment, its very helpful to have checklist for all of the things you need to do so that you meet your responsibilities to your partners. Part of that check list includes:

1.Researching the available commercial rental property in a particular neighborhood and choosing one to purchase.

2.Preparing a preliminary analysis of the investment. This would include its operating history, status of title, proximity to any environmental or natural hazards, the neighborhood, the local and national economies, and finally, the physical condition of the property.

3.Next, you have to get control of the property in your name with the ability to assign it to a successor entity through a purchase contract or option.

4.Once you gain control, escrow needs to be opened with your name as the purchaser, not that of the entity! Youll assign your purchase rights to the entity before you close.

5.Then you complete an analysis of the income and expenses, and confirm the Sellers disclosures regarding the condition of the property, including its improvements, location, title, and operations.

6.Youll also apply for new debt financing (or assume the existing), depending upon what you indicated in the purchase contract. This obviously wont apply if youre buying your commercial building all cash!

7.At this point in the process, you will want to review your plans for forming and operating your ownership entity (most likely a Limited Liability Company) with experienced accounting and legal advisors. Getting this part correct at the outset will save you major of headaches in the future.

8.Now you get really busy. Youll prepare the investment circular, subscription agreement, Articles of Organization and Operating Agreement for the LLC, pertinent exhibits, and addenda. The syndicator (you) is named as the Manager of the LLC in these documents.

9.You now can use the investment circular to solicit investors to fund your purchase, through the LLC.

10.Once youve chosen your investors (there will be a whole article devoted to this subject), you need to get their signatures on the Subscription Agreement and the Operating Agreement of the LLC. Youll also want to deliver their funds to escrow for the close.

That takes you up to completing the purchase. As you can see, theres quite a bit for a sydicator to do just to get the property purchased. We still have to detail the on-going operation of the property. Ill complete your roadmap in the next article and then we can move on to the individual steps in greater detail.

Article Source: http://www.articlesnatch.com

About the Author:
WANT TO USE THIS ARTICLE IN YOUR E-ZINE OR WEB SITE? You can, as long as you include this complete statement with it: “”The Investment Property Insider” is published by Craig S. Higdon, a veteran commercial mortgage banker. He publishes the e-zine and blog, www.InvestmentPropertyInsider.com, for commercial real estate investors, developers, and industry professionals. Visit the blog and get this free report: “The 7 Biggest Loan Mistakes Real Estate Investors Make And How To Avoid Them.” “‘

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Real Estate Syndication – Does a New World Need a New Way?

The world has gotten sufficiently complicated, where many of the rules that have been written in the past need to be broken or disregarded so that we can move forward and break through the log jam.

This is true in the real estate syndication business, but it also applies to the operations of traditional businesses as well as the entities that fund them. Many syndicators feel competitive with one another, and therefore, they refuse to share information that could help both of them to move forward. This competitive spirit is not only misplaced, but it’s slowing down the entrepreneurial promoters’ ability to move forward.

Small syndicators are really not competitors with one another. Instead, small syndicators have to worry about their ability to compete against the larger players in that market who are gobbling up all of the properties and the deals that could otherwise be shared. The only way for small entrepreneurial syndicators to succeed is by working together to combine deals, to pool investors, and to share fees. Otherwise, trouble will be on the horizon for all of us.

This may seem somewhat counter-intuitive, but the only place where we compete is really in the acquisition of investors – and there are plenty of accredited investors to go around. We might seem to compete for properties, but there are plenty of properties all over the United States for us to cooperate on. And if we can figure out a way to share fees, then everything else will be easy.

One of the most important benefits that I promote at the Real Estate Deal Making Symposium and Syndication Seminar is the networking activities that take place between the participants. I promote this not only because I believe we can help one another intellectually, but also because I believe that doing deals together is the way to go.

Since there are four skills that are required to put together a syndication, and since most of us don’t have (or at a minimum we don’t specialize in) all four of these skill areas, we have to cooperate with others who do work in those areas and who do specialize in those skills.

Consider the following major skill categories and determine the one that you are strongest in. Then find others to fill in the gaps where you are lacking.

Market Skills – Intense knowledge of the deals in the marketplace and being able to pick the right ones to syndicate.

Capital Skills – Understanding and raising the money and how its structure will work for your deal.

Property Management or Asset Management Skills – Looking after the real estate once you acquire it, with the ability to implement the business plan that is the basis for the investment in the project.

Business Management – As the number of syndications increase, special skills will be required to deal with the attorneys, accountants, investors and other constituents interested in the investments that you have set up.

Don’t take these four major skill areas lightly. Whether you are a promoter or an investor, you should make sure that your team has all of these skills in place.

If you believe that syndicating together is the way to go, then take advantage of the other syndicators who you know, and work with them. And if you don’t know other syndicators, then get involved with us and our new organization (the National Association of Syndicators) because this business is a great business, but we have to do it a different way or it may not work out for any of us.

Join our new Facebook group http://tinyurl.com/yekewfz to learn more.

We are in the real estate syndication business. We invest in properties and we offer seminars to assist others in acquiring the skills needed to syndicate properties. This topic is very relevant for helping you in raising funds or investment capital for any real estate investment, whether it be for commercial property or another kind of investment property.

Joel began his career as a CPA with the prestigious firm of Price Waterhouse. During his time with the company’s Entrepreneurial Services Group, Joel immersed himself in the real estate syndication business. After reviewing hundreds of partnership agreements and preparing as many tax returns, he left Price Waterhouse in 1986 to start his own syndication firm, raising several million dollars in three short years. By 1990, Joel had built a property management firm of more than 40 employees with a portfolio exceeding $100 million. Joel continues to syndicate real estate and other assets, as well as counseling other promoters on successful syndication strategies. He is also involved in film financing and invests in early stage companies and other deals. For more information about Joel Block and his upcoming seminar, visit his site at http://syndicatefast.com/

Author: Joel G. Block
Article Source: EzineArticles.com
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Real Property Report – California, February 2015

Real Property Report – California, February 2015 February Sales Up 3.3 Percent From January Median Price Gains 1.6 Percent   February 2015 California single-family home and condominium sales were 23,404, up 3.3 percent from 22,659 in January, the largest February increase since 2012. On a year-over-year basis, sales were down 2.4 percent. Regionally, February sales were up 2.0 percent across the nine Bay Area counties, 4.7 percent in Southern California, and 9.5 percent in Central California. “Home sales picked up in February,” said Madeline Schnapp, Director of Economic Research for PropertyRadar. “The acceleration is likely due to the mild winter weather...

The post Real Property Report – California, February 2015 appeared first on PropertyRadar - previously ForeclosureRadar.

Real Estate Syndication – Becoming a Promoter

Question What’s the best kind of partner for me?

Answer The best kind of partner is someone who has opposite or complementary types of skills. For example, if you are an expert in the real estate market and you don’t have great capital-raising skills, then you should absolutely find some one who has strengths where you have weakness es. If you have great skills in real estate, find someone who can raise capital. If you have great skills in capital, find someone who can find the deals in the real estate market; find someone who is in that market, in the trenches every single day. You also might think about taking people as partners who can handle property management and other types of maintenance functions.

Question In an LLC, does the manager have limited liability?

Answer Theoretically, the manager does have limited liability, but the best way to protect yourself is, first of all, to always act in good faith. That means using the operating agreement to specify the duties of the manager and the members. Always use a “hold harmless” clause and indemnification clauses, which are good for all circumstances, except for fraud, crimes and activities that are against public policy. Additionally, it’s not a bad idea to employ some insurance to protect yourself even further.

Question Where do we get joint venture or syndication agreements?

Answer Syndication agreements fall generally into two broad categories. First are the corporate documents that govern the partnership and the partners’ relationships with each other. If the entity chosen is a limited liability corporation or LLC, then an operating agreement would be drawn up that defines the relationships between the parties and describes the relationship the promoter has with the investors and the relationship the investors have with both the promoter and each other. The second category of documents that are required are the securities documents. The LLC documents can be drawn up by any attorney, provided that he or she has experience in this area. However, the documents that are required for the private placement memorandum are much more complicated. The creation of a syndication and accepting investments from passive investors automatically creates a security interest in the property. This means that the Securities and Exchange Commission has the right to put their hands all over your deal and inspect it at any time. So be very careful to have both of these documents drawn up in tandem. They need to be drawn up by the right kind of attorneys who have proper experience in this area, and who have proper training as well. Participants in the successful real estate syndication seminar will receive sample agreements of both types.

Question Have you always made money on your deals?

Answer No one has always made money on all of their deals. If you’re in the marketplace and you’re doing deals, some times things go wrong. Be up front about it; be candid. Everybody respects that things go wrong. As long as things go right more than they go wrong, people will like you and they’ll follow you. Also, and maybe most importantly, be a good communicator about problems – like you are about successes.

Joel began his career as a CPA with the prestigious firm of Price Waterhouse. During his time with the company’s Entrepreneurial Services Group, Joel immersed himself in the real estate syndication business. After reviewing hundreds of partnership agreements and preparing as many tax returns, he left Price Waterhouse in 1986 to start his own syndication firm, raising several million dollars in three short years. By 1990, Joel had built a property management firm of more than 40 employees with a portfolio exceeding $100 million. Joel continues to syndicate real estate and other assets, as well as counseling other promoters on successful syndication strategies. He is also involved in film financing and invests in early stage companies and other deals. For more information about Joel Block and his upcoming seminar, visit his site at http://syndicatefast.com/

Author: Joel G. Block
Article Source: EzineArticles.com
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The Short Sale Tax Implications

In case of a real estate there are short sale tax implications which have to be noted. Primarily there are chances of receiving a form 1099-C for the total amount of loss which the lender has to bear. According to an U. S government agency dealing with taxes named Internal Revenue Service this is interpreted as loan forgiveness. Tax payment has to be made on the basis of the financial status of the borrower. If the borrower is solvent and has some assets like saving, he has to pay the required amount of tax.

A borrower can make debt settlement with the lender for a lesser amount than the total amount due. Thereby the former might have to report this debt which has been forgiven as regular income along with some exceptions. The categories which fall under forgiven debt are money due after foreclosure or repossession of property or unpaid credit accounts. The exceptions are:

o The lender exempts an amount which is more than the principal amount of the debt. A 1099-C form has to be delivered to the borrower at the year end. According to the IRS the written off debt amount has to be reported as income while filing tax return by the borrower.

In case of non delivery of the form to the borrower it is assumed to have directly forwarded to IRS by the lender. If the borrower does not report the exempted debt amount as income, there can be serious consequences. One can receive a tax bill or an audit notice if IRS is aware of the transaction on their database.

o Circumstances where the forgiven amount of debt was treated as a gift, one is not required to report the same as income.

o The borrower faces bankruptcy and discharges the debt.

o Borrower’s insolvency before the creditor’s settlement of debt is considered.

Consultation is suggested from a qualified tax and legal counsel to check whether it is possible to avail the benefits from these exceptions.

The debt amount which a borrower escapes is sometimes referred to as phantom income. Often a lender makes a probe to judge the truthfulness of the status of the borrower. This is referred to as deficiency judgment which is the difference between the total amount due and the amount paid out of short sale. Henceforth the burden on the borrower increases further. He loses the property, earns nil from the transaction and can suffer from possible insolvency. This can result in a permanent setback for the borrower.

So there has been a solution to this problem. A new federal legislation has been formulated comprising of a temporary three years moratorium. It relates to the tax treatment of the exempted debt that does not exceed the basis of the owner in the home.

The lender in a short sale makes some verification regarding the estimated closing costs on HUD-1 form used by the settlement agent. The cost includes the taxes, real estate commissions, homeowner dues, title insurance costs and other closing costs. Approval of the said form by the lender is necessary for the closing of the short sale transaction.

The short sale tax implications has been formulated and reviewed continuously to suit both the lenders and the borrowers.

Article Source: http://www.articlesnatch.com

About the Author:
Short Sale Tax Implications…what implications? All you need to know about Short Sales and tax considerations at http://www.nphsrealestate.org/short-sale/law-tax

The California Real Estate Rollercoaster

The year 2010 brings to a close one of the most volatile decades in the history of the California real estate industry. Median home prices increased at an unprecedented rate to all-time highs five years ago, while the second half of the decade witnessed the sharpest decline in home prices ever recorded. Its hard to imagine that the same ten years that saw homes being purchased sight-unseen at twenty percent above asking price also experienced widespread foreclosures and lofty inventories of properties for sale. Home builders that were once purchasing as much land as they could find were soon abandoning partially completed developments. Homebuyers that once struggled to find a home they could afford were suddenly availed to a wide array of reasonably priced houses. So now that the California real estate rollercoaster has rapidly taken us up and down, what does the future hold?

Excitement aside, it seems safe to say that market stability would be much more favorable when compared against the extreme fluctuations experienced over the previous decade. Thankfully most real estate economic indicators over the past several months do point towards a leveling out of housing values. However, the primary concern in the back of every real estate professionals mind is whether a second wave of foreclosures will negatively impact housing values in the near future. Should we be ready to pull back the safety bar and lift our arms in the air to prepare for the next plunge on the rollercoaster?

This determination should begin with an analysis of two of the most prominent real estate market statistics: housing sales and median prices. A look at California homes sales shows that between 500,000 to 600,000 single family residences have been sold each month in the state for the last year-and-a-half consistently. These stable statistics are well above the trough of 254,650 home sales that occurred in October of 2007. So given the currently high levels of affordability compared to the peak years of the housing boom, a dramatic drop in the number of homes sold seems very unlikely.

A quick examination of California median home prices during the first quarter of 2010 may initially raise fears of a potential double dip as housing values decreased from $306,820 to $279,840. However, it is important to note that the median price of $279,840 was actually 14.1% above the median from a year ago. Affordability is also more than double than the levels of a few years ago when the median home price in California exceeded $550,000. The fact that more buyers can afford to buy homes should continue to drive demand and prevent a significant decline in home prices.

When applying the law of supply and demand to housing values, one must assess the number of homes for sale in order to ensure that this supply, or housing inventory, does not exceed the current level of demand. The first quarter of 2010 revealed a housing inventory of 6.3 months the time it would take for all of the homes currently on the market to sell at the current rate of sales activity. Although this figure may seem large, Californias long-run average is 7 months of inventory. Accordingly, inventory levels below 7 months have always fueled year-to-year price gains in the past. So if inventory levels can continue to be contained, housing values should begin appreciating again in the near future.

Housing inventory is what leads us to the primary quandary as to whether record breaking loan default notices over the past year will lead to yet another wave of foreclosures that will ultimately be re-sold by lenders in bulk. In theory, this could dramatically increase housing inventories beyond demand and cause another drop in home prices. Fortunately this event seems unlikely now that both banks and the Federal Government are increasingly working hard on various levels to promote foreclosure avoidance through loan modifications and short sales. These efforts in combination with recently instituted housing tax benefits, increased affordability, low inventories and increased demand should all help to counter the effects of future foreclosures.

So even though most patrons dont enjoy a relatively slow and stable rollercoaster, it is safe to say that most Californians welcome the idea of this ride becoming a little safer and predictable.


Article Source: http://www.articlesnatch.com

About the Author:
Brian S. Icenhower, Esq, BS, JD, CRB, CRS, GRI, ABR is the CEO of Keller Williams Realty Tulare County, a real estate broker, an attorney, President-Elect of the Tulare County Association of REALTORS, a California Association of REALTORS State Director, a real estate litigation expert witness and former real estate law instructor at the College of the Sequoias.

Real Property Report – California, January 2015

Normal Seasonal Forces Push California Real Estate Sales Lower January Sales Down 23.4 Percent from December Median Price Falls 2.6 Percent January 2015 California single-family home and condominium sales fell 23.4 percent to 22,850 from 29,821 in December 2014. On a year-over-year basis, sales were down 6.1 percent. Regionally, year-over-year sales were down 8.4 percent across the nine Bay Area counties, 4.1 percent in Southern California, and 10.1 percent in Central California. “Seasonal forces typically depress January sales,” said Madeline Schnapp, Director of Economic Research for PropertyRadar. “Still, January 2015 sales are the lowest January sales since 2008, despite near...

The post Real Property Report – California, January 2015 appeared first on PropertyRadar - previously ForeclosureRadar.

Short Sale Highlights

We are aggressively and successfully performing short sales thus helping hundreds of people to avoid foreclosure in Charlotte, Lee and Collier counties. No worries if your property is not located in these areas. These highlights hold true nationwide. However, you should always consult your tax professional and attorney for your specific situation. With that said Here are some short sale highlights!!

    • A short sale can have a much less negative effect on your credit than a foreclosure or deed in lieu of foreclosure
    • A short sale acts as a traditional closing with specified close date once we get an approval
    • In most cases a short sale approval will have the language for a waiver of deficiency.
    • If you maintain your credit you may be able to purchase a home in 24 months or less.
    • We have other affiliates who have sold homes to people who have short sold their home 90 days from the short sale date. They kept current on their payment all the way to close and bought 3 months later!!
    • Banks are more willing to do a short sale than foreclose on you. The time is now when things are so lenient and the government encourages it.
    • Banks are making the short sale process even easier!
    • It is estimated that there will be another 3,000,000 short sales, deed in lieu of foreclosure and foreclosures combined nationwide before we see this slow down. Why foreclose when you do not have to?
    • A short sale will cost you NOTHING! If anyone is charging you money to do a short sale, RUN!
    • A short sale is a means to a quicker recovery for you and your family.
    • This can be time to relieve a bad asset for you! IE negative every month b/c the rental market is so low!
    • The short sale process is fairly easy for you There are certain documents that are required. Once we get them from you, it is all up to us!
    • We do not guarantee a short sale but we have a strong closing percentage
    • Short sales can be done with 2 mortgages on the property.
    • A short sale will clean up all past liens Back taxes, HOA fees, etc All are paid by your lender at closing.
    • We average 7 days on the market for short sales.
    • You do not have to be delinquent on your mortgage to do a short sale. It is a personal decision.
    • Depending on how the property is held, you may not be taxed on the deficient amount! Speak with your accountant.
    • Timelines for short sale approval are becoming quicker and quicker.

I am sure I am forgetting some other things, but these should answer some of the most common questions homeowners have about short sales.


Article Source: http://www.articlesnatch.com

About the Author:
Steve Daria is the Broker / Owner at Maxim Realtors, LLC in Fort Myers, Fl.

Maxim Realtors, LLC is short sale servicing all of Lee, Collier and Charlotte Counties That is Punta Gorda, North Fort Myers, Pine Island, Cape Coral, Fort Myers, Sanibel Island, Captiva Island, Lehigh Acres, Fort Myers Beach, Estero, Bonita Springs, Naples, Marco.

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New Developments In Short Sale Transactions

Whether you have done short sales in the past, or you have educated yourself about these transactions, you are probably fairly familiar with the basic function of the real estate deal. Essentially, the owner of the home gives a third party the right to the deed of the home and to negotiate with the bank for a discounted price on the home in exchange for avoiding a foreclosure. The owner of the home does not make any money on the deal, but is able to walk away with salvageable credit and no debt over their head in most cases.

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Foreclosures and Short Sales

In the past, real estate investors would do short sale transactions, and then sell the homes on the open market to make staggering profits. Some of my colleagues routinely made 20 to 50 thousand dollars on short sales in fairly short order once they obtained the deed to the property because people were so eager to buy homes. However, since the real estate market took a dive, short sales have become much more common. At the same time, selling short sale properties has gotten more difficult because there are so many homes on the market. As a result, real estate investors have had to find new and innovative ways to flip short sales quickly.

There are a lot of ways to move short sale properties quickly, but before you get started with that, you need to understand some of the pitfalls that can arise thanks to more stringent lending requirements. If you do not factor in these new developments in lending practice and short sale transactions, you may end up with a property on your hands that you cannot get rid of, your short sale deal could simply fall through all together.

One of the biggest issues with short sales is lenders requirement that the sellers name be on the deed of the property. In a short sale, you are the seller, but if you are trying to arrange a quick flip, you may not have been planning to (or be able to) get conventional funding for the purchase of the property. Ideally, you would have your buyer bring in their funding, then purchase the home and you would get the difference. However, many lenders will not give your buyer funding unless you, the seller, are on the deed. This means that you also have to get funding for the short sale.

Sounds difficult? It certainly did complicate things for a while. However, there is a simple answer to this problem that will enable you to get the funding that you need (and your name briefly on the deed) so that you can finish your short sale flip. Well discuss this solution in the next lesson.

Peter Vekselman has been successfully investing in real estate since 1996. He has completed over 1200 real estate deals, owned a construction company, been a private lender, and owned a property management company. Peter currently works with clients all over the US helping them achieve riches in real estate investing. For more information please visit www.CoachingByPeter.com

Article Source: http://www.articlesnatch.com

About the Author:
Peter Vekselman has been successfully investing in real estate since 1996.
He has completed over 1200 real estate deals, owned a construction company,
been a private lender, and owned a property management company. Peter
currently works with clients all over the US helping them achieve riches in
real estate investing. For more information please visit
www.CoachingByPeter.com

Read more: http://www.articlesnatch.com/Article/New-Developments-In-Short-Sale-Transactions–transactional-Funding–Part-1-/970386#ixzz1NNQtXeeN
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Several Reasons For A California Probate Attorney

Unfortunately, the law isn’t waiting for anyone, and the deceased person’s estate needs to be settled timely. The Last Will and Testament of the deceased defines the person or people that will be responsible for the estate settlement.

The person named in the Last Will to conclude the process is called the estate’s executor. Los Angeles probate court appoints the executor as the personal estate’s delegate through the process. And when you abide in California, hiring a properly qualified California probate lawyer has to be a primary priority.

The deceased is entitled as intestate incase of death without leaving a valid will. State laws define the estate property’s separation by this process. Restrictions of a family member estate are a part of the intestate regulations under the jurisdiction of the state the deceased has lived in.

This is exactly why it is important to deal with a professional estate planning attorney in Los Angeles. Funds mentioned in a beneficiary trust’s name usually avoid the probate proceeding, thus providing better solitude and less administrative costs. This also lets the probate attorney to divide assets quicker.

As you could assume, all estates differ from one another and have uncrossed funds to be valued, vended or divided to beneficiary trusts. Anyway, in order to avert a situation difficult to solve, they should discuss it with the probate attorney prior to executor’s action.

The estate settlement might take anywhere from 9 months to several years before it’s completely paid out and closed.

The deceased also might have left an affidavit on his estate, let’s suppose it’s small. If you live in Los Angeles, then you would need to hire a highly professional probate lawyer that would understand how California small estate affidavit works and would be able to carry you through the probate court, while not violating any norms in California probate code. It is necessary and critical. Nowadays’ financial crisis is not the best time for you to lose your small estate affidavit, or let it stretch to years. Your interest is to settle things as fast as possible. And this is another important reason why you might need to hire a probate lawyer.

If you are an inhabitant of Los Angeles, and you have something similar going on in your life, don’t hesitate about hiring a probate lawyer, especially in case of California small estate affidavit. It’s all in your hands, but you would surely need a professional that would understand your needs and worries, a professional that would diligently carry the case through the probate court and lead you out of it in the rays of victory.


Article Source: http://www.articlesnatch.com

About the Author:
Gregory Lederman represents clients of trust, estate, and probate matters throughout California. estate planning attorney los Angeles, Estate planning lawyer los Angeles, California probate attorney, probate court.

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