Attorney Leah Kofos discusses, Estate Planning Hurdles, for our Smart Counsel for Lunch Series. Please watch and if you have any questions or want to learn more please call us at 781 461-1020.
Attorney Leah Kofos discusses, Estate Planning Hurdles, for our Smart Counsel for Lunch Series. Please watch and if you have any questions or want to learn more please call us at 781 461-1020.
It is not often that sports and estate planning intersect, but two of my favorite things did so recently when the New York Times (and many other sources) reported that the Grousbeck family, the controlling owner of Boston Basketball Partners LLC which owns a majority interest in the Celtics, announced that it has decided to sell the basketball team. The Celtics’ statement said the sale was prompted “after considerable thought and internal discussion” by “estate and family planning considerations.” Although the statement was short on details, it is suspected that 90-year-old H. Irving Grousbeck is the one driving the sale. His 63-year-old son Wyc Grousbeck, one of Irving’s four children, owns a relatively small stake in the team himself, but manages his family’s controlling interest.
So why would you want to sell the Boston Celtics, a team that less than two weeks before the sale was announced won their 18th NBA Championship and have most of their team under contract for the foreseeable future? For estate planning reasons, of course! Here’s some insight into what Irving and his estate planning attorneys might be thinking.
Taxes Might Be Driving the Team Bus
Irving and his ownership group bought the team for $360 million in 2002. Today, after winning its latest championship, the team is worth an estimated $4.7 billion. That’s a nice return on investment, but nothing comes without a price.
If Irving dies owning an interest in the Celtics, that interest will be an asset of his estate, and the value of that interest will be subject to estate tax at his death. Although Irving hails from Northampton, Massachusetts (which might explain his interest in owning the hometown team), he currently lives in Portola Valley, California. Although the weather may have played a part in the decision to move west, there is also an estate tax advantage. California (unlike Massachusetts) is one of the majority of states that do not impose a separate state estate tax on its residents.
However, when you own an interest in an asset that’s worth billions of dollars (not to mention the value of your other assets), you need to worry about the federal estate tax, which is a tax imposed on assets owned at death which exceed $13.6 million (in 2024). Assets over this threshold are taxed at a whopping 40%.
So how does selling the team help Irving potentially save estate tax for his family? If Irving sells his interest, he will still have the same amount of assets (less some capital gain tax of course), but rather than an interest in a basketball team, he will have cash. Cash is much easier to plan with. Here are some ways Irving might use that cash to save some estate tax:
Again, easier to do any of these things with cash than with an interest in a basketball team. If Irving is serious about gifting, he can reduce the value of his taxable estate significantly, benefiting his family and charity in the short term, and benefitting his family in the long term by reducing the estate tax they will have to pay at his death. Keep in mind that for every dollar Irving gives away he is likely saving his family $0.40 in estate tax when he dies.
Another reason to cash out now is the estate tax that is likely to be due at Irving’s death. Whether Irving dies before or after the current estate tax law sunsets, and even if Irving makes gifts to reduce the value of his estate, the federal estate tax payable on Irving’s estate will be significant. And the IRS does not accept Celtics tickets, even if they are courtside playoff tickets, in payment of the estate tax bill. They deal in cash only. So, better to liquidate a large asset now and free up some cash for the estate tax bill that’s coming due. When you are 90 years old, that bill could come due and payable sooner rather than later.
Succession Planning Is Difficult On and Off the Court
When you have multiple children and one special asset, planning can be challenging. That asset could be a family business, a beloved vacation home, or a racehorse. All of these things are valuable, valued by some or all family members, and illiquid – a difficult combination.
Wyc has done a great job being the face of the majority ownership group for years. However, Irving probably wants to benefit each of his children equally in his estate plan, even if only one of them has given him the joy of an NBA championship this year.
If Irving dies owning the team, Wyc may want to keep the team, but his siblings may want to sell, creating potential family disharmony. Sometimes, it’s possible to give one child who may be involved in the family business, for example, that particular asset and give other assets to the other children while still equalizing the value of assets everyone receives and maintaining family harmony. And it may even be the case that Wyc’s siblings care nothing about basketball and would be happy for him to receive Irving’s ownership interest in the Celtics when Irving passes if they get other assets of equal value. The problem for Irving is that when you have a basketball team that’s worth a whole lot (and likely to keep appreciating in value, at least in the short term) it’s hard to equalize things for your other three children unless you have a whole lot of other assets. Selling Irving’s interest in the team now will allow for easier equalization of his assets among his children at his death, which will simplify Irving’s estate. This is an issue faced not just by Irving, but by the owners of all professional sports franchises.
Although we estate planning attorneys may make it look easy, estate planning is complicated – especially for those individuals who hold our beloved sports teams’ destinies in their hands. Assuming you don’t own a professional sports franchise, your personal estate planning situation may not be as complex, but good estate planning advice is important for everyone who wants to make sure their assets pass efficiently and harmoniously to their intended recipients.
Maria Baler, Esq. is an estate planning and elder law attorney and partner at Samuel, Sayward & Baler LLC, a law firm based in Dedham (and a Boston Celtics fan). She is also a former director of the Massachusetts Chapter of the National Academy of Elder Law Attorneys (MassNAELA), and a past President of the Board of Directors of the Massachusetts Forum of Estate Planning Attorneys. For more information, visit www.ssbllc.com or call (781) 461-1020. This article is not intended to provide legal advice or create or imply an attorney-client relationship. No information contained herein is a substitute for a personal consultation with an attorney.
August 2024
© 2024 Samuel, Sayward & Baler LLC
by SSB
Ever thought about who would look after your pets if something unexpected happened to you? If so, you are not alone as the welfare of your animal companions during a health crisis or should they outlive you are critical considerations for responsible pet owners. Here are five strategies available to ensure the continued care of your pets in the event of your incapacity or death.
1.Designate an Emergency Caregiver and Share Information
One of your first steps you can take is to put down in writing information about your pets. For example, you may wish to include a pet’s typical feeding schedule, food they can/cannot eat, medications they take, the veterinarian they visit, any unique habits, and their favorite toys. Next, designate one or more individuals to be the Emergency Caregiver for your pet. Share the Emergency Caregiver’s contact information with your veterinarian. Identify the Emergency Caregiver on clearly marked documentation on/near the inside of your front door and have a small card in your wallet with the Emergency Caregiver’s information on it. Provide your written instructions to the Emergency Caregiver – by doing so, you are sharing information that not only keeps your pet healthy but also helps to keep a routine in place for your pet during a potentially stressful time. Finally, consider giving a set of keys to your home to the Emergency Caregiver.
2.Give Your Attorney-in-Fact the Power to Pay for Your Pet’s Care
A Durable Power of Attorney can provide for pet care in the event of your incapacity. This document can authorize the appointed individual (your Attorney-in-Fact) to utilize your assets to pay for your pet’s ongoing care and maintenance. If the Emergency Caregiver and the Attorney-in-Fact are different individuals, they will work together to ensure your pet is cared for appropriately.
3,Designate Caregivers of Your Pets with Your Last Will and Testament (and Make Gifts for Your Pet’s Care, Too)
You can create a Memorandum in connection with your Last Will and Testament as part of your estate plan. This document can specify individuals (Caregivers) to assume custody of your pets and can be updated without necessitating a complete revision of your Will. This flexibility allows you to adapt your plans as circumstances change regarding your pets.
Financial provisions for pet care can also be incorporated into your Will. A specific distribution to the designated Caregiver, typically ranging from $1,000 to $40,000, can be included in your Will to offset the costs associated with pet ownership, such as veterinary care, grooming, boarding, training, etc.
4.Revocable Trust Sub-Trust for Your Pet
If you are contemplating a more comprehensive arrangement, a pet sub-trust within a Revocable Living Trust may be appropriate. Structuring your estate plan this way allows for the allocation of larger sums for pet care while placing the management of these funds in the hands of a trusted individual separate from the Caregiver.
5.Stand-Alone Trust for Your Pet
If you have a pet that may have substantial longevity or exceptional care requirements (horses, birds, tortoises, etc.), a stand-alone pet trust might be the most suitable choice for you. However, it is crucial to ensure that the funds allocated to the Pet Trust are proportionate to the pet’s needs, as courts may intervene if the amount is excessive.
Integrating pet care provisions into your estate planning is a prudent step to care for your pets. Whether through arranging an Emergency Caregiver or creating simple Will provisions or more complex trust arrangements, numerous options exist to ensure the continued well-being of your beloved animal companions in the event of your incapacity or death. At Samuel, Sayward & Baler LLC, we help pet owners determine the most appropriate strategy for their pet’s specific needs. If we can help you incorporate pet care into your estate plan, please contact our office to schedule a meeting with one of our attorneys.
August, 2024
© 2024 Samuel, Sayward & Baler LLC
When it comes to estate planning, understanding how major life events like marriage and divorce can affect your estate is crucial. These events can significantly impact the distribution of your assets if they are not properly addressed in your estate plan. Here’s what you need to know to ensure that your estate plan remains effective and reflects your current wishes.
Marriage: Premarital Wills
If you get married after executing a will but you never get around to updating your will to include your spouse, your premarital will stays in place at your death. However, Massachusetts law allows the surviving spouse to take his or her intestate share of your estate before your property is distributed under your will. The surviving spouse’s intestate share is the share that the spouse would have received if you died without a Will. This is called an “elective share” of your estate, and your spouse can claim this share regardless of what your premarital will says.
If your premarital will gives property to your child who was born before your marriage and who was from a prior relationship (i.e., not also your spouse’s child), then the surviving spouse’s elective share is taken from the portion of the estate that you did not give to such child. The amount of the elective share that the surviving spouse can take depends on several factors, such as whether you had children with your spouse, whether either of you had children from prior marriages or relationships, and if neither of you had children but you die with a living parent.
There are exceptions to this rule. If you knew you were getting married, you could have stated in your premarital will that it is being made in contemplation of marriage to your spouse and your will is to be effective notwithstanding any subsequent marriage. But if marriage was the last thing on your mind when you made your will, then you need to revise your premarital will to avoid potential conflicts and ensure that your estate is distributed according to your wishes.
Divorce: Automatic Revocation of Provisions
If you have a will and subsequently get divorced from your spouse, any provisions you made in your will for your spouse are automatically revoked. This also applies to beneficiary designations on life insurance and retirement plans, transfer-on-death accounts, and any other revocable disposition. If your will named your former spouse or family members of your former spouse as Personal Representative of your estate, those designations are treated as if the former spouse predeceased you. However, if you and your former spouse later marry each other again, then the previously provisions in your will are revived.
This automatic revocation only applies if you are really divorced, not if you are just separated, and not if your divorce is not yet final.
Although the automatic revocation of dispositions to your spouse may seem to do the trick, they can wreak havoc on an estate plan and create unintended consequences. You may intend to benefit your former spouse even after your divorce with life insurance or some other asset, but the beneficiary designation is automatically revoked upon your divorce. Additional steps must be taken to ensure that designation will stick after the divorce occurs.
After a divorce, revising your will is essential to remove your former spouse (or include them, if you want to provide for your former spouse) and make any other necessary changes, such as updating your named Personal Representatives.
All this is to say that significant life events, whether through marriage or divorce, can dramatically alter your estate plan and result in unintended consequences. By proactively revising your will and other estate planning documents when these events happen, you can ensure that your estate is handled according to your wishes and that your loved ones are provided for as intended.
Attorney Brittany Hinojosa Citron is an associate attorney with the Dedham, Massachusetts, firm of Samuel, Sayward & Baler LLC which focuses on advising its clients in the areas of estate planning, estate settlement and elder law matters. This article is not intended to provide legal advice or create or imply an attorney-client relationship. No information contained herein is a substitute for a personal consultation with an attorney. For more information or to schedule a consultation with one of our attorneys, please call 781-461-1020.
July 2024
© 2024 Samuel, Sayward & Baler LLC
Attorney Suzanne Sayward discusses Our Sale on Estate Plans, for our Smart Counsel for Lunch Series. Please watch and if you have any questions or want to learn more please call us at 781 461-1020. For more information about the sale please email Joanne Loetz at loetz@ssbllc.com
By Attorney Maria C. Baler
July 4th is Independence Day, a day Americans celebrate our country’s independence from Great Britain marked by the date in 1776 when the Declaration of Independence was approved by the Continental Congress. Independence was important to the new colonies because it represented freedom from being subject to the laws and taxes of a country an ocean away. This is such an important day for our nation that it continues to be celebrated almost 250 years after the event took place.
Individuals value their independence too. As my clients get older, one thing I hear consistently from them is their desire to continue to make decisions for themselves, live where they want to live, receive needed care in a setting they choose, and choose the people who provide assistance to them if needed. Here are five ways to maintain your independence as you age.
1. Have Appropriate Legal Documents in Place
The legal documents that will allow you to maintain your independence during your lifetime are those that allow you to name people you choose to assist you with legal, financial and health care decision-making at such time as you need that assistance.
These documents include a power of attorney, which names a trusted person to make legal and financial decisions for you, and a funded revocable trust that allows a successor Trustee whom you choose to step in and manage trust assets for your benefit. These documents will be important if you become ill and are unable to pay your bills, including payment for care you may need in the setting you have chosen. Creating a power of attorney and funded revocable trust while you are well will ensure that there will be no obstacles for trusted people to obtain access to funds to pay for your care, even if you are unable to act.
Equally important is a health care proxy that names a person you choose to make health care decisions for you if you are unable to make or communicate those decisions yourself. A well- drafted health care proxy will also give your health care agent the ability to choose where you will be cared for and to move you from one care setting to another.
Without these documents, a Court will appoint someone chosen by the Court, and not by you, to serve as your guardian to make health care decisions for you and your conservator to manage your assets.
2. Create a Life Plan and a Team to Implement It
Just as important as creating appropriate legal documents is to have a team in place that will help implement your wishes and carry out your instructions when the time comes. As you get older, make sure you have trusted advisors such as an estate planning attorney, an accountant, and a financial advisor who are all familiar with your personal and financial situation and your wishes, and who can assist your appointed decision-makers if you are no longer able to make decisions for yourself.
Explore potential care settings with your advisors and the cost of care and determine what care options may be best for you, and how that care will be paid for if necessary.
Make your wishes known to your team and your appointed decision-makers. This can be as formal as a written care plan, or as informal as conversations with these people to make your wishes clear and ensure they understand you are counting on them to carry them out.
3. Enlist Care Managers if Needed
A life care manager, sometimes called a geriatric care manager, is a person who is hired to assist you or your family to create an appropriate plan for care. Care managers are especially important and effective for people who may want to remain and be cared for in their home. This type of care requires a lot of coordination, communication and problem solving. This can be difficult for family members who may live at a distance or who may not have the time to take on this responsibility.
A care manager can take the burden of arranging and supervising care off of your family, take the time to understand the type of care you want, and implement those wishes. Care managers may also accompany you to doctor’s appointments or emergency room visits, communicate regularly with family members at a distance, and coordinate and advise loved ones regarding your care needs.
4. Build a Supportive Community Around You
Maintaining your independence requires more than legal and financial considerations. In addition to trusted decision-makers and care managers, maintain relationships with friends and family members you enjoy being around as you age. Spending time with people you enjoy prevents isolation, loneliness and depression which negatively affects your health. Having these folks around when you want and need their support starts by building and keeping those relationships as you age.
5. Make Sure Your Home Is An Ally In Your Fight for Independence
Many of us have lived in our homes for many, many years, and want to remain there to live out our lives. But many homes are not well-suited to aging in place – they have long flights of stairs inside or outside the home, they have narrow doorways that don’t accommodate a wheelchair, they have bathrooms that may be small and hard to maneuver around with a walker and lack grab bars and other things that make it easier for someone with mobility issues to navigate safely.
Before you encounter mobility issues, take an objective look at your home and think about what changes would need to be made to make your home more accessible. Is it possible to enlarge the doorways or the bathroom? Do you have a bathroom on the first floor of the home? Do you have a bedroom on the first floor, or could a first-floor room be converted into a bedroom if necessary? Can your stairway accommodate a chair lift? Are you able to get in and out of your home to a car safely?
If your home is not one that is easily or cost-effectively adaptable to aging in place, consider a move to a home in which you can age in place comfortably and affordably. And make such a move before living in your home becomes an obstacle to your independence and your ability to remain there.
On this Independence Day, consider your wishes for your own independence as you age, and take steps now to make it a reality. Although your independence may not be celebrated with a parade and fireworks, you will certainly celebrate the fact that you are able to carry on as you age as you choose, with assistance from trusted advisors and in your chosen location.
Maria C. Baler, Esq. is an estate planning and elder law attorney and partner at Samuel, Sayward & Baler LLC, a law firm based in Dedham. She is also a former director of the Massachusetts Chapter of the National Academy of Elder Law Attorneys (MassNAELA), and the former President of the Board of Directors of the Massachusetts Forum of Estate Planning Attorneys. For more information, visit www.ssbllc.com or call (781) 461-1020. This article is not intended to provide legal advice or create or imply an attorney-client relationship. No information contained herein is a substitute for a personal consultation with an attorney.
July 2024
© 2024 Samuel, Sayward & Baler LLC
Attorney Maria Baler discusses Revocable Trusts – What they are and how they can be used, for our Smart Counsel for Lunch Series. Please watch and if you have any questions or want to learn more please call us at 781 461-1020.
With Father’s Day just a few days away, now is the perfect time to initiate a meaningful conversation with your parents about estate planning, blending the celebration of your parents’ legacy with the practical steps needed to preserve it. Despite its importance, only 33% of people in the United States have executed some form of legal estate plan. The sensitive nature of the topic causes many people to kick the can down the road, intending to deal with it later, which is a problem when “later” becomes “too late.” Are your parents included in the overwhelming majority of people who have pushed off this essential legal planning?
Contrary to popular belief, estate planning is not just about distributing assets after a person’s death. Some documents, like a Health Care Proxy and Durable Power of Attorney, actually work during the person’s lifetime so that loved ones have the authority to take care of the person while he or she is living but incapacitated. With aging parents, these documents are just as important as post-death documents like Wills and Trusts. More significantly, estate planning is about ensuring that your parents’ wishes are respected and that their legacies are preserved in a way that reflects their values and intentions.
Initiating this important conversation with your parents may be daunting, so follow these steps to make the discussion a little easier:
Start the discussion by framing it within the context of Father’s Day, emphasizing your desire to honor your parents’ legacy and ensure that their contributions are remembered and cherished. If you feel comfortable, you can briefly discuss key documents such as Wills, which outline the distribution of assets, and Trusts, which can reduce estate taxes and avoid the probate process. You should also highlight the importance of incapacity documents like a Health Care Proxy, HIPAA Authorization, and Durable Power of Attorney. These documents will make it easier on your family if your parents’ capacity is diminished to the point that they cannot make their own medical or financial decisions. Incapacity documents are a safeguard against a long, expensive court process to obtain a guardianship and/or conservatorship that can occur when your parents do not plan ahead.
It’s important to remember that you won’t have all the answers – and you’re not supposed to. That’s our job. Encourage your parents to set up a meeting with an estate planning attorney who can discuss their needs in more detail, give them information about the documents appropriate to their situation, and answer any questions they may have. Father’s Day can be the first of many conversations that ensure your parents’ estate planning remains current and effective. By simply starting the conversation, you’re taking the first step in giving your parents the gift of peace of mind, knowing that their legacy will be honored and their wishes respected, all while strengthening your family’s future security.
Attorney Leah A. Kofos is an associate attorney with the Dedham firm of Samuel, Sayward & Baler LLC, which focuses on advising its clients in the areas of trust and estate planning, estate settlement, and elder law matters. This article is not intended to provide legal advice or create or imply an attorney-client relationship. No information contained herein is a substitute for a personal consultation with an attorney. For more information visit ssbllc.com or call 781-461-1020.
© 2024 Samuel, Sayward & Baler LLC
Summer is approaching. The warm air, the sunshine boosting our serotonin, and those summer nights spark summer romance which can be just a fling, or it can be the start of a deep, transformative relationship. June also marks the beginning of wedding season and, of course, Pride Month, where we celebrate the LGBTQ+ community and all forms of love.
Whether you are married or not, estate planning is critical in providing for your special someone when you are gone. It is also important to plan for your incapacity to ensure that your partner can take care of you and your well-being. Here are 5 things every couple should consider when planning their forever.
1.Don’t assume that everything will go to your spouse or significant other at your death.
A lot of couples assume that when one of them dies, all of their property goes to their spouse or significant other. Sometimes this is true, and sometimes it isn’t.
If you don’t have a Will, the intestate laws of Massachusetts will determine who will inherit your estate. If you are married and all of your children are children of the marriage, then your estate will pass to your spouse. But if either you or your spouse have children from another relationship, then your spouse will only receive the first $100,000 plus 50% of the remaining estate.
If you are married and don’t have children, and you have at least one surviving parent, then your estate will be divided between your spouse and your parent(s). Also, if you are not married to your partner, regardless of how long you have been together, your partner does not automatically inherit your estate. Don’t put off creating an estate plan on the assumption that everything will pass to your spouse or partner anyway, because that may not always be the case.
2.Don’t assume that your spouse or significant other will be able to do everything for you if something happens to you.
Planning for you and your partner’s incapacity is just as important as planning for after your death. If you become incapacitated, your medical provider will typically look to your next of kin to make healthcare decisions on your behalf. Unfortunately, if you are not married to your partner, your partner is not considered your next of kin, so they won’t be able to make healthcare decisions on your behalf, when your partner is probably the one person who best knows your wishes. Executing a Health Care Proxy can fix this issue by designating your partner as your healthcare agent to make decisions for you should you become incapacitated.
This issue also arises with handling your finances. Without a Power of Attorney, your partner will not have the authority to act on your behalf with your finances if you become disabled or incapacitated. This is especially important when you rely on both of your incomes to maintain your household and pay expenses.
3.Strategies to reduce estate tax liability.
Married couples can utilize different estate planning strategies to minimize tax liabilities after their deaths and maximize the inheritance for their beneficiaries.
Property passing to a U.S. citizen spouse at the death of the first spouse passes free of federal and Massachusetts estate tax, regardless of the amount. The federal estate tax exemption is the amount that each person is permitted to pass on free of any federal estate tax, which is currently $13.61 million per person for 2024. This translates into $27.22 million for a married couple.
Massachusetts has its own estate tax system, and the exemption is $2 million per person; but, it is a “use it or lose it” exemption, meaning that if a married couple has a $4 million estate and they own all of their assets jointly or have each other named as beneficiary, when the second, surviving spouse dies with a $4 million estate, there will be Massachusetts estate tax of $180,800 due. If you “use” the $2 million exemption on the first spouse’s death through a credit shelter trust, you could reduce or even eliminate the Massachusetts estate tax liability when the second spouse dies.
Couples should be aware of these thresholds and talk to an estate planning attorney about estate planning strategies such as gifting or setting up trusts to minimize their tax liability.
4.Advanced planning for long-term care (nursing home) costs.
If you and your spouse have the gift of time, then you need to think about how you will pay for long-term care costs in the future. Long-term care planning involves preparing for the potential need for nursing home care. Although long-term care is primarily associated with older adults, it can be necessary for anyone with chronic illnesses, disabilities, or injuries that limit their ability to perform daily activities. According to the U.S. Department of Health and Human Services, 70% of Americans aged 65 and over can expect to use some form of long-term care during their remaining years.
There are different estate planning strategies that married couples can use to ease the cost of long-term care and preserve assets in the event they need to apply for Medicaid.
Growing old together also means planning on taking care of each other financially if one of you needs care.
5.Don’t be scared to discuss a prenuptial agreement.
Before you say “I do”, consider a prenuptial agreement to protect your assets in the event of divorce. Many couples don’t want to talk about a prenuptial agreement because no one wants to talk about divorce before you’re even married. But you can protect your wealth, your family business, and even children from a prior marriage from losing out on an inheritance by entering into a prenuptial agreement. Consider a prenuptial agreement if your assets or circumstances are such that you want added assurance that no matter how matters of the heart may go, your assets and your children will be protected.
Knowing these aspects of estate planning can help couples protect their assets, ensure their wishes are carried out, and provide for their loved ones. There is nothing more romantic than presenting a well-thought-out estate plan to your partner (said the estate planning attorney).
Attorney Brittany Hinojosa Citron is an associate attorney with Samuel, Sayward & Baler LLC, which focuses on advising its clients in the areas of trust and estate planning, estate settlement, and elder law matters. This article is not intended to provide legal advice or create or imply an attorney-client relationship. No information contained herein is a substitute for a personal consultation with an attorney. For more information, visit ssbllc.com or call 781-461-1020.
June 2024
© 2024 Samuel, Sayward & Baler LLC
Attorney Brittany Hinojosa Citron Discusses Health Care Proxy & Living Wills in Massachusetts, on this week’s edition of Smart Counsel for Lunch. Please watch and if you have any questions or want to learn more please call us at 781 461-1020.
Please note we only are only able to serve clients with legal matters pertaining to Massachusetts.
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