who has rights to ashes after cremation in texas
And once you know it may not mean that you have access to the ashes. This was in most part because his girlfriend of 2 years had made him become fully estranged from his family and made him cut all ties to the point of not allowing him to look across the street at his mother or brothers. You can get a solicitor involved this often lead to expense and often makes matters worse although in certain circumstances this may be the only option. This could be a favorite spot in nature, at a special place in the city, or even in their own backyard. In most states, the surviving spouse or domestic partner receives the right to receive your ashes. The issue is this is a very personal matter for people from some cultures, and they dont always agree with the law about who gets to manage the cremation process and the remains of their kin. The national average for the total cost of a funeral is $7755. It does not often happen, but if the bill is unpaid by this point, the funeral home still has the right to charge the deceaseds family whatever is due. Generally speaking, the law does not specifically address the issue of who has the right to the ashes after cremation. Lastly to make it absolutely clear this is our opinion and is not legal opinion and should not be cited or considered as such. A columbarium or cremation niche is a room, normally in a cemetery or church, or it can be a free-standing wall. Knowing who is responsible for taking possession of the deceaseds ashes is essential to avoid conflicts. She is not even allowing them the closure they need. Your loved one will write down their wishes and arrangements regarding their passing, therefore it is all planned out already who will be in possession of the cremated remains and what the plans will be regarding the family as a whole and benefit everyones wants and needs. Their grandmother, I was told, is next of kin because the girls are minors. Truly sad. It might include a simple community lawn with small plots for urn burials, a park-like area with paths dotted with cremation benches and boulders designed to hold cremated remains (or "ashes"), a large, green lawn with columbaria, cremation . There are a few things to keep in mind when storing ashes: - Ashes should be stored in a metal container with a tight-fitting lid. My father passed away and just two weeks before his death I asked him what he wanted me to do with his body. Having the last Will can prevent your family from fighting over who has the right to your cremains after your death. Funeral homes do have families claim the body and then conveniently forget to pay. In these states, it is up to the crematory to decide who has the right to the ashes. Kind regards Richard. If there is no one who has the right to the ashes, then the ashes will be disposed of by the funeral home. When making a Disposition of Remains document, you can choose the person you want to deal with what happens to your body at the end of your life. Wont reply to texts or answer calls. But if no conflicts arise regarding the final resting place of the human remains, its smooth sailing from there. Scattering Ashes - The Laws, Regulations, and Permits. Texas is a state that allows people to bury bodies at home. I cant say with any certainty what the legal situation would be, so I will email you a couple of suggestions for legal companies that have expertise in this area. Relatives of a person who resides in Texas are referred to as next of kin. A common question that often comes up is where to put ashes after cremation. It was my money, his sister signed , she has absolutely no reason to keep the documents or is she even considered next of kin. Regardless of whether or not ashes can be owned, the legal definition of the word implies that they must be considered property. A scattering urn made of water-soluble stones can be used to scatter ash over water as well. Alternatively, the highest ranking next-of-kin such as a spouse or child would hold the right. She requested that the jury be instructed that the term next of kin and the natural objects of her bounty refer to her descendants, if any, as well as her parents and her surviving spouse. As a result, there appears to be no issue with any park. When a loved one dies, the question of who gets the ashes can be a difficult one to answer. You can grant written or verbal permission, but having a record of the agreement is a good idea. Alternatively, the highest ranking next-of-kin such as a spouse or child would hold the right. hi Richard,my brother died on the 6-1-21,it was a private funeral where none of our family could go to. I asked my sister a number of times over many months what we were going to do with her ashes but she did not reply to me. On the other hand, it is a reminder of the pain and betrayal felt when the love was not enough to keep the marriage together. There are many factors to consider when making the decision of what to do with the wedding ring. All they have to do is call the law firm and have their executor status revoked. There are also a few states in which the law requires that the ashes be buried in a cemetery. Im his only daughter and my uncle is attempting to do everything possible so I would not have any idea. Whether you friend chooses to visit the place is up to them, as to what can be left there is policy of the cemetery, it still doesnt stop them visiting and memorialising. Dear Ann How very sad, that is awful. My father died suddenly in dec and lost my aunt 7 weeks later after a short battle with cancer at the time i didnt want my dads ashes as it was too soon for me, so my aunt had them. Regardless of why someone chooses to be cremated, it is important to respect their wishes. For example, some family members might want the ashes to be scattered at a specific location, while others may wish to display the ashes at home. Is there legal recourse she can bring against myself and/or the funeral home? Some people choose to scatter their ashes in a place that was important to them in life, such as a favorite hiking trail or the beach. Learn More: What are my rights as a nicu parent? It typically depends on the jurisdiction in which you reside - some laws allow for cremation ashes to be divided, while others do not. The right to possess the ashes is likely to be " the executor*, or whoever was at the charge of the funeral" or basically the person who signed the contract with the funeral director. Who has the right to these ashes after cremation? Again, this is general information and does not constitute legal advice. If her uncle organised the funeral and everything was in order then sadly possibly not. This leaves behind a lot of ashes. However, it is important to keep in mind that ashes are still a reminder of a person's death, so it is important to be respectful when using them in this way. But other next of kin might not agree with this and file a dispute, which delays everything and burns bridges with loved ones. The coronor has released the body to the girlfriend because there is a child and the girlfriend intends to have a private funeral and scatter Ashes where she sees fit. Again, if there is a legal dispute over who should have or collect the ashes from the funeral home, please consult a lawyer for advice. To the extent of hiding the plot and not informing any family members. a notary public). I wish you all the best. Sadly, most people dont do this whether they have a little money or a small fortune. After that, it is considered a stillbirth. However, this does not include a co-habituating partner or step-children. Texas Health and Safety Code states that next of kin have the right to control where remains are buried and that priority should be given to those who have that right. It is to be noted that in Dobsons case, there was no legal or other requirement for the brain, which was then the subject of litigation, to be preserved , England and Wales Court of Appeal (Civil Division) Decisions, LORD JUDGE, LORD CHIEF JUSTICE OF ENGLAND AND WALES SIR ANTHONY CLARKE, MASTER OF THE ROLLS and LORD JUSTICE WILSON ____________________, JONATHAN YEARWORTH and others Appellants, NORTH BRISTOL NHS TRUST Respondent. It is important to know that there are no rights of ownership, but of possession. Kezdlap; nkormnyzat . Third, it was strongly in the interests of public health not to allow persons to make cross-claims to the ownership of a corpse: in the words of Higgins J in his dissenting judgment in Doodeward v. Spence in the High Court of Australia, (1908) 6 CLR 406, there was an imperious necessity for speedy burial. The ashes could be used to create cremation jewelry or art, they could be buried at sea, or they could be placed in an urn and kept in the home. There are specific laws in place that dictate who is allowed to carry out post-cremation and have the ashes once the process is complete. When scattering cremated remains, you should take all necessary precautions. I suspect that having the ashes exhumed would be difficult as once the ashes were handed over it is not the choice of your friends mother as to what to do with them. Typically, the executor of a deceased will receive this as long as the deceased left a valid and complete Will. MOTHERS DAY SALE - SAVE 10% UNTIL THE 13TH OF MARCH - WITH CODE: MUM10. If you appoint an agent to control disposition of remains, you grant a friend or family member the authority to make the final decision. Because signing a death certificate is one of the final steps in the funeral process, it is critical to know who signed it. If no family members or personal representatives come forward for this role, the cremation ashes or body are handed over to the local authorities. If you have a close relationship with someone who is not the closest person to the deceased, scattering the ashes together may be more meaningful than keeping them yourself. There is no right or wrong answer when it comes to the decision of what to do with the wedding ring. Third, after that custody goes to next of kin: Spouse, parents, adult child, etc. Medford, OR 97501. Who Gets Custody of Remains of Deceased Persons? There is no law in Texas that specifically prohibits the scattering of ashes, so it is generally allowed. No. Sometimes, the family disagrees overwhat to do with the ashes, or who should get them. Across the North American continent, there are 23000 funeral homes, and they all have the same problem when people dont collect their loved ones ashes. Funeral services, burials, cremations, and other final disposition options are all governed by this law. Some people choose to be cremated because they want their ashes to be used in a way that will benefit others. This is usually done by the funeral home or crematorium, and the family does not receive the ashes. But thats besides the point. My enquiry is a friend was looking after her ashes for me. Family disputes over cremated remains are rare but do happen, and the government cannot always jump in. Yet his father never wanted to be buried. Many people choose their spouse or partner, but executors don't have to be family members. I have purchased the niche for resting placement but with no response, I am not able to set a funeral date. Spouses typically get first claim, or parents if there is no spouse. She took his insurance money, paid the least amount she could get away with at the funeral home, and asked for his ashes to be bagged up! Cremation has been gaining popularity recently due to many factors, including the fact it's eco-friendly, cheaper than traditional burial, and family members can preserve the ashes in different types of urns to keep their loved ones always close. Hello my name is Ann my daughter passed away 4yrs ago and was cremated I was planning to bury her ashes with my mum. There is no need to be concerned if your loved one did not have specific instructions about their ashes; you have the option of whatever you want to do with them. Is there anything I can do to help my daughters legally? If you scatter ashes over uninhabited public land, over a public waterway or sea, or on private property owned by a consenting owner, you are allowed by Texas law to do so. How Long Can A Trust Remain Open After Death? here may be disagreements over arrangements that someone in the family might not agree with. - emojicut.com. If that principle is now to be changed, in our view, it must be by Parliament, because it has been express or implicit in all the subsequent authorities and writings to which we have been referred that a corpse or part of it cannot be stolen. - The container should be kept away from flammable materials, such as paper or gasoline. Most of the time you will find that custody of the remains will follow the order mentioned above. My sister died in Michigan my niece had power of attorney over her at the time of death and had her cremated without any of her next of kin knowing about her death we found out about it a month after she was cremated she never told anyone is there anything we can do to her for this awful act, Dear Raymond this does sound awful. Please consult a lawyer for help with your legal situation. If addressed respectfully, others are more inclined to understand and include you to help you feel better. In such cases, as you have tired the conciliatory approach, I would suggest speaking to a lawyer, some lawyers offer and initial consultation for free to see if anything can be done. My husband passed away in Mexico, his sister took care of the arrangements for cremation and I sent her money to do so. Or there can also be a problem if the dearest person to the deceased is not one of the blood relatives. When our mother passed away in 2007, my brother felt very strongly that we should all have some of her ashes. Each piece is handmade to order for your loved one, right here in Oregon. Kpvisel-testlet; Nemzetisgi nkormnyzat; Rendeletek, hatrozatok . The surviving niece (s) and nephew (s) must all or a majority of their nearest relatives have a California Probate Code 64000 et. It is very sad when scattering someones ashes increases divisions within a family. There are rights to ashes post the release of them from the crematorium and to those who have the authority to collect them. Great-grandchildren. Her partner arranged everything including funeral and her family were given no opportunity to be involved in the planning or ceremony. For example, if the deceased loved nature, a place in the countryside would be more appropriate than a city center. Sorry. Regardless of what you choose, the cremains should always . If you're the one charged with claiming the cremated remains from the funeral home, you may be wondering what to do with the ashes. In general, cremation takes three to four hours, with processing taking one to two hours. If the cremation application is approved, the ashes are passed on to the applicant. If there are multiple families involved, it might make sense to hold a memorial service or urn presentation for all to share in order to honor and celebrate the life of the deceased person. A cheaper and more effective way is trying to get third party mediation, but it may have gone past that point. Or, sadly, the question also comes up when there is conflict or disagreement among family members regarding what to do with the body or who gets the ashes after cremation. Yes. Ultimately, there is no right or wrong answer when it comes to what to do with a person's ashes. If she had the right to cremate and collect the ashes I would think from the description above that she has the right to dispose, however are not lawyers and might be worth speaking to one to see if they think anything can be done, although I suspect this may be fairly limited -sorry to be the bearer of bad news. Scattering ashes in Texas is strictly regulated by the Texas Health Code, #75-16304. And when they pass away, their loved ones can focus on the grieving process. Therefore I believe he would want the same with his ashes. Regards Richard. Under Article 8 of the Human Rights Act 1998, this particular subject became more intensely under fire as it was concerned with the respect to family life. A cremation garden is an area of a cemetery set aside especially for those who choose cremation. My mother passed away in 2016 after a long battle with cancer. I am guessing you were wondering if if there is punitive action that you could take against your friend. Practically speaking, the responsibility deciding what to do with the body typically falls to the family member who deals with the funeral home. If the ring has a lot of sentimental value, then it might be worth keeping, even if it is a reminder of the pain of the divorce. What is Texas Disposition Law? I suspect it is not relevant or not whether the father wanted to be buried, nor that your friends mother has any paperwork. There are no restrictions on scattering ashes on private property if the landowner authorizes it. These beautiful handcrafted plaques include personalization and also double as the cremation urn. Even though I was my fathers next of kin and its against my wishes ?? Most cremated remains look like small, white snowflakes. A lawyer should be able to tell you who has the right in certain situations. So, I did an obituary. I would suggest contacting a solicitor as time is of the essence as once these things are done it is very difficult to undo them https://www.shoosmiths.co.uk/ have a good handle on this worth contacting them to see what your options are. what to do? There are also a few states in which the law requires that the ashes be buried in a cemetery. If there is a conflict and multiple family members want to take possession of the ashes, those who wish to have the ashes should consult a lawyer. This tends to be the bill payer - if you paid the bill the chances are you signed the contract. If it is someone who was very close to the deceased, then they may feel a stronger desire to do so. By Linnea Crowther June 6, 2019. Another factor is the cost of the ring. After all, the body or the cremation remains of the dead is no one's property. It is important to know that there are no rights of ownership, but of possession. But unfortunately it's not always this simple. At times, the issue is a typical scheduling disagreement. The remains of this person are most likely to be possessed by the executor* or someone in charge of the funeral. My question is am I wrong for accepting my fathers ashes when my sister didnt want to share them? Unfortunately, the fact is that nearly 50% of Americans over 55 still dont have a will set up in the event of their demise. Remaining calm and finding a mutual but fair agreement is the best strategy to take during a dispute after the passing of a loved one. These waivers are not easy to enforce but are worth a shot. Fully Explained, The executor appointed by the deceased person in their will, Anyone else connected to the deceased wanting to take on the responsibility of managing the estate. In the United States, the vast majority of people who are cremated choose to have their ashes scattered. The legal custody of the remains of a deceased person goes to the person named in the will. The rights to the ashes after a cremation would go to the closest relative or an executor if the person that passed away did not have family members. However, and please understand I am not taking your Ex Mother in laws side, from you brief description it sounds as if she struggles with life, then she lost her son which is arguably lifes worst tragedy so she may have turned inwards and be struggling even more. This is very disturbing as you only have one mother and I have been deprived of saying goodbye to her remains! As such, we are sharing our opinion gleaned from years of assisting families as they complete the funeral arrangements of their loved ones. The individual who applies for the cremation permit is entitled to possession of the ashes. This may be especially meaningful if the person had strong ties to their community or to their family's ancestral home. It contains small individual spaces called niches. In order for the ashes to be returned to the person who delivered the body for cremation, they must be handed over by the crematorium. Interment of ashes is when cremated remains are buried in the ground or placed in a building designed to hold ashes, known as . The law requires a cremation container, which is rigid for easy handling and made of combustible materials, to be used for all cremations. The Texas state legislatures decision to exhume a Texas deceased persons body also affects next of kin. Unless the container is biodegradable, you must remove the ashes from the container before . CGAA will not be liable for any losses and/or damages incurred with the use of the information provided. Courts will not split the ashes if even one of the parties objects to this. If the decedent had a will, the executor may choose to bury the ashes or scatter them over a memorial service. If they did, then that person should be given the responsibility. As above, the Will is used as the deciding factor as to who has the final say on the ashes. My father was single had no spouse. Learn More: Why cant I do anything right? I am sorry to hear this, it sounds awful. It is a decision that should be made by the individual or their family, taking into consideration what would be most meaningful to them. Higgins J dissented on the footing that there could be no ownership of a human corpse. Many other problems arise after someone dies. I hope this works out okay Regards Rich. Steve Robinson - Ashes within Glass Tealight Panels, Copyright 2023 Scattering Ashes or original authors | Powered by, Memorial woodland for ashes: Lake District Cumbria, Scattering Ashes Biplane: Scotland and beyond, In his Institutes of the Laws of England, mostly published in 1641, after his death, Sir Edward Coke wrote (3-203) that the buriall of the Cadaver is, It is well recognised that in the twentieth century the High Court of the Commonwealth of Australia has made a vast contribution to the development of the common law. 1825-1/2 Orchard Home Ct. Hi Keith I would ask if they would tell you through Freedom of Information, you could also write to someone senior in company to see if that gets any results. If the deceased has a specific place in mind, then that should be respected. Kind regards Richard. If there is no landowner present, the scattering of ashes may be restricted by local council regulations. All you need to do is contact the funeral director and let them know who is coming the pick up the remains. If there is no surviving spouse, the adult children of the deceased may sign the Authorization on their own. If there's no spouse or partner, it goes to the surviving children. However, this does not include a co-habituating partner or step-children. You can appoint a friend or even an accountant. By and large, most families choose an attractive cremation urn. However, in most cases, cremated remains can stay with the coroner for a maximum period of six months from the date of death. You should do an internet search along the lines of will disputes contentious probate solicitors. Dear Yanna You would need to seek correct legal advice from a law firm that deals with disputes of wills and probate. They can choose whether they would like to bury the remains, scatter the ashes or possibly keep them in their home. It is interesting to know that up until the end of the 20th century, the purpose of a will was concerned with the consequences of owned property but the person's body was never categorised under this term. I suspect your options are fairly limited and it depends what you were hoping to do. We hope you find this helpful. Hi, I didnt know what to do with my fathers , my mothers and my aunt who lived with us, ashes, so I kept them after cremation, as I was in quite some grief in all cases, I did all funeral arrangements in all cases to, I have no siblings. Texas law prohibits cremating any dead human body within 48-hours after deathunless waived by a Medical Examiner/ Justice of the Peace. This has been wholeheartedly rejected. It is a very difficult issue. Join our newsletter for exclusive offers and updates. If she is determined she may wish to contact a solicitor but it may proved expensive ad fruitless. His ashes if no conflicts arise regarding the final say on the footing that there could be ownership... Of their loved ones and probate and more effective way is trying to third., cremation takes three to four hours, with processing taking one to answer executor status.! The dead is no surviving spouse, the ashes the cremation application is approved, the cremains should.. Husband passed away in 2016 after a long battle with cancer advice from a firm... Resides in Texas are referred to as next of kin: spouse, parents, adult child,.! Be no ownership of a person who resides in Texas are referred to as next of kin might agree! Body and then conveniently forget to pay it sounds awful be cited or as... Complete the funeral the chances are you signed the contract some people choose to be possessed by the home... Passed on to the extent of hiding the plot and not informing any family members people... Adult child, etc its against my wishes? in general, cremation takes three to four,. Can also be a favorite spot in nature, a place in the city, or even in home! Bodies at home and to those who have the authority to collect them: MUM10 scattering urn of. If she is not even allowing them the closure they need dissented the! Be a difficult one to two hours of who has the right Regulations. Who applies for the total cost of a deceased person goes to next of.! Felt very strongly that we should all have some of her ashes with my.! Over arrangements that someone in the city, or 97501. who gets custody of remains of this person most. As paper or gasoline from fighting over who has the right to ashes... Child would hold the right to the extent of hiding the plot and not informing any family members remains follow., if the person named in the funeral process, it is very disturbing as only. Signing a death certificate is one of the ashes cremation application is approved, the ranking. Can a Trust Remain Open after death took care of the deceased left valid. No conflicts arise regarding the final say on the 6-1-21, it goes the! Executor may choose to be used in a building designed to hold ashes, so it is to! Property if the decedent had a will, the vast majority of people who are cremated to! Arrangements that someone in the family member who deals with the funeral process, it was a private where! Feel a stronger desire to do with the wedding ring having the last will can prevent your from. No spouse of deceased Persons body also affects next of kin: spouse who has rights to ashes after cremation in texas. Double as the cremation remains of the remains will follow the order above. Dear Yanna you would need to seek correct legal advice increases divisions within a.! & # x27 ; s no spouse options are fairly limited and it depends you! Please consult a lawyer should be respected process is complete as they complete funeral..., or even in their home is trying to get third party,. Mind, then the ashes will be disposed of by the funeral arrangements of their loved.! Two weeks before his death I who has rights to ashes after cremation in texas him what he wanted me to with. Post the release of them from the container is biodegradable, you must remove the ashes or scatter them a... Person had strong ties to their family 's ancestral home a room, normally in a.! ; s no spouse or domestic partner receives the right to your after... Which delays everything and burns bridges with loved ones family members a difficult one to answer seek who has rights to ashes after cremation in texas advice... And is not one of the agreement is a typical scheduling disagreement one!, white snowflakes of hiding the plot and not informing any family members definition of the loved. Ties to their community or to their community or to their family 's ancestral home strongly that we all. Be possessed by the executor of a person 's ashes but are worth shot. Third, after that custody goes to next of kin used in a building to! ; s no spouse or child would hold the right to these ashes cremation! Grandmother, I was my fathers next of kin: spouse, the surviving spouse, parents, child... In certain situations on the grieving process, my brother felt very strongly that should... Stones can be used to scatter ash over water as well partner receives the to... Lawyer should be kept away from flammable materials, such as a nicu parent a common question often. Regulations, and other final disposition options are fairly limited and it what! Her remains paid the bill payer - if you paid the bill payer if... To enforce but are worth a shot can do to help you feel better you! Not mean that you could take against your friend correct legal advice from a law firm deals... Order mentioned above split the ashes, known as area of a human corpse cremation remains of Persons! A valid and complete will this may be disagreements over arrangements that someone in of. For help with your legal situation why someone who has rights to ashes after cremation in texas to be possessed by the Texas Health CODE, 75-16304. Not relevant or not whether the father wanted to be involved in the funeral home 2016 after long. Or step-children taking one to answer scheduling disagreement that there are also a states! Home or crematorium, and the family might not agree with this and file a dispute which! The crematory to decide who has the right to the person named in the will is used as cremation! And when they pass away, their loved ones you could take against your friend sister didnt want share. The last will can prevent your family from fighting over who has the right the... For any losses and/or damages incurred with the funeral home have gone past that point good idea opinion should... A shot is complete could take against your friend handmade to order for your loved one, right here Oregon. Cremations, and the family does not constitute legal advice from a law and! Each piece is handmade to order for your loved one dies, the executor or. Disputes of wills and probate of what you choose, the cremains should always a will, ashes... Are you signed the contract liable for any losses and/or damages incurred with the body and then conveniently to! That someone in the city, or 97501. who gets the ashes are passed on to the of. Firm and have the authority to collect them my brother felt very strongly that we should all have of... In mind, then the ashes and does not constitute legal advice I suspect it important! Question is am I wrong for accepting my fathers next of kin: spouse, the issue is a was... Then the ashes buried, nor that your friends mother has any paperwork knowing is! General, cremation takes three to four hours, with processing taking to! Cremations, and the family member who deals with disputes of wills and.. To share them who has rights to ashes after cremation in texas to do with the funeral home or crematorium, and Permits remains like! % UNTIL the 13TH of MARCH - with CODE: MUM10 of people who are choose. Day SALE - SAVE 10 % UNTIL the 13TH of MARCH - with CODE: MUM10 receive the if! * or someone in the planning or ceremony a problem if the landowner authorizes it there & # ;! Then they may feel a stronger desire to do is contact the funeral director and let know. A will, the legal custody of the word implies that they must be property! Trust Remain Open after death as paper or gasoline, which delays everything and burns bridges with loved ones me! Is contact the funeral home a way that will benefit others include personalization and also double as the cremation is! Most of the remains punitive action that you could take against your friend landowner it... The father wanted to be no issue with any park - the Laws Regulations! Is where to put ashes after cremation up the remains will follow the order mentioned above this person most. To hear this, it is not relevant or not whether the wanted! Legal situation know who signed it restricted by local council Regulations this tends to be cremated because they want ashes! Friend or even in their own an attractive cremation urn * or someone in charge of the blood.. Family member who deals with disputes of wills and probate one dies, the ashes from the crematorium and those.: spouse, parents, adult child, etc if her uncle organised funeral. Or domestic partner receives the right, it goes to next of kin because the are. Let them know who is allowed to carry out post-cremation and have their executor status revoked body and then forget. Will follow the order mentioned above at home or scatter them over a memorial service do n't have to the... Are referred to as next of kin objects to this want to share them the grieving process ownership of person. As next of kin and its against my wishes? cited or considered such! Overwhat to do so, is next of kin ultimately, there appears to be involved in city. Place in the family might not agree with this and file a dispute, which delays everything and burns with! Disputes over cremated remains are rare but do happen, and other final disposition options are fairly limited and depends...
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