The Alaska Asset Preservation Trust is typically an incomplete gift trust designed to preserve assets. Save my name, email, and website in this browser for the next time I comment. Establishing a Will utilising Bloodline Trusts is more complex than a standard Will because of the detailed rules and conditions they contain. E@r1i1%'A6
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The best way to ensure that your hard-earned assets are protected and preserved for the benefit of your spouse, children and grandchildren, after you have passed away, is by incorporating Bloodline Trusts in your estate plan. Has an addiction, such as gambling. ( Example : app brand cool kids ) Sample Names Generated For : Family Trust Free NFT Creator Create, Store & Mint NFT Collectibles in Few Clicks However, a bloodline trust may not be as effective as a traditional will, but it can be a good choice for many people. That is why many high-net-worth individuals take an additional step to future-proof their estate and keep their wealth in the family: they set up a trust. Clients child dies unexpectedly leaving behind a spouse of ten years and two children. What Can the Funds in a Special Needs Account Be Used For? We offer a free basic single will to all Unite members, but those who want a more detailed will that includes a bloodline trust may need to pay a small fee. This also applies to instances of remarriage. Sample Trusts The Anchor Family Trust . Is a gambler. In the event of a divorce, the beneficiaries of a bloodline will be able to make all decisions regarding . NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. Here is one example. This sample language is intended as an option for review and use by competent legal counsel. Prior to acceptance of a trust for which Peak Trust Company will act as trustee, Peak will generally require some form of acceptable language for each of the following areas: Phone: 1-888-544-6775 | Contact Us | Privacy Policy, The husband has one child from his first marriage, and the wife has two. You receive peace of mind in the knowledge that your possessions are guaranteed to only be handed down to your children and their descendants. The Doe Family Trust This is a Trust Agreement, hereinafter referred to as the "Agreement," dated _____ _____, 20___, between ourselves, John Robert Doe and Mary Elizabeth Doe, who will be hereinafter referred to as the Settlors collectively or as a Settlor individually or by personal pronoun, and John Robert Doe and Mary Elizabeth Doe, who This eases the strain on family members by separating inheritors expectations and deceased family members wishes from the family dynamics. This can be particularly valuable when passing assets to heirs who would presumably benefit from a long-term, structured inheritance. 89 0 obj
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Its purpose is to protect an inheritance from creditors and a divorce. Has difficulty holding a job. The naturally born grandchild inherits millions of dollars. Because all of the inner workings and benefits of a bloodline trust cannot be described in one short article, below is a common scenario that will help illustrate the advantages of using a Bloodline Trust in your estate plan. TRUST PROPERTY. Is abusive towards your child or grandchildren. There are, of course, advantages and potential disadvantages to bloodline trusts in the UK. the passing of the capital assets or proceeds is limited to the Will-maker's bloodline; income may be distributed to a broader range of beneficiaries, including in-laws (at the discretion of the trustee); assets are protected from attacks against beneficiaries, whether from personal creditors or the Family Court. Has children from a previous marriage. In another scenario, if one of the children runs into financial or legal troubles as an adult, their inheritance will likely be fair game for creditors or legal challengers. It is easy to assume that leaving everything to your children in a basic will means that your estate will then be passed down to your grandchildren when the time comes, but this is rarely the case and your grandchildren could end up with nothing. Contact her at 216-928-2901 or [emailprotected]. The Trustee shall hold, manage, invest and reinvest said property and estate As another example, consider a beneficiary who may have a lineal descendant with substance abuse issues, financial irresponsibility or income-based government assistance. If you are not a member of Unite the Union, you can visit our union sign up page. Typically, bloodline wills cost more than basic wills, due to their complexity and the administration involved in setting up the trust. A bloodline trust can help protect your childs inheritance from an abusive spouse or other ill-fated parent. In this case, the assets in the trust are not vulnerable to creditors or the Family Court. The living trust amendment form gives you the power to make these minor changes without too . And if you happen to die without planning for your family, your bloodline trust will protect your assets from him. Each of these sample trusts is not only designed for a different purpose, but the dispositive and nondispositive provisions also vary from form to form. This can be a disadvantage in some situations, such as if the child or grandchild has an addiction problem or has a previous marriage that ended in divorce. It is specifically designed to keep assets within a family. It also helps your child if they have trouble managing money. The worst problem is the assumption that adopted children should be treated as though they are strangers. Peak Trust Company does not provide legal or drafting advice. This makes trusts an attractive option for many families. endstream
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likelihood of estate assets diverging from the path of the family bloodline. The Alaska Descendants Trust is a trust designed to provide benefits specifically for descendants. Wescott Trust Services acts as the trustee or co-trustee for many of our clients. Is abusive towards your child or grandchildren. A. As mentioned, its best to consult a specialist accountant to help you understand the tax implications of a Bloodline Trust. How much does it cost to set up a bloodline trust? Setting up a cottage . When divorce is filed for, Lucy is temporarily removed as a trustee and her sister Lola takes up the role until divorce proceedings are over. People sometimes talk about so-called bloodline trusts trusts that specifically disinherit anyone and everyone who doesnt share the blood of the settlor. If you are absolutely sure that you want your estate to remain in your family, a bloodline will is a must-have as a type of family protection policy. And, a Bloodline Trust can be used to protect an inheritance from creditor or bankruptcy. Most often, income is distributed annually, while the trusts principal is treated differently. First, what sort of life changes can prompt a person to opt for a bloodline trust? Family Trust Name Generator Myraah uses sophisticated AI algorithms to generate brandworthy names and it's free. Take of Your Family, Download Today! 1. There are three main types of property law. By Betsy Simmons Hannibal, Attorney. Many people choose to set up this type of trust to ensure that their assets remain with their blood relatives, away from the grasp of untrustworthy sons- and daughters-in-law. A Bloodline Trust should always be considered when the son- or daughter-in-law: Is a spendthrift and/or poor money manager. Further, some have provisions for Trust Protectors (who can remove and replace trustees) and others do not. This ten-year marriage was solid from the first day to the last day. T~ye1[5!Np].IAX=!%lTA Bloodline trusts are especially valuable in protecting a family's assets from the Three D's that can derail estate planning: Death - The trust can ensure assets will be passed on to a direct descendent, rather than a step-child or other inheritor who isn't related. Both parties have been married previously. To start planning your will today, register with us at Unite Wills our team is on hand should you need any help or advice tailored to your individual situation. Can you inherit valuables in Georgia without paying tax? Property that is to be held as the Family Trust shall be held under this Article and all references to "Family Trust" shall be to the trusts held under this Article. A bloodline trust is similar to a regular will, but it contains a special type of trust that will protect your assets and belongings in case of your death. A child can withdraw up to 5 percent of the principal each year and can make provisions for the necessities. Lacie ODaire is a partner in the Tax & Wealth Management Group of Cleveland-based Walter | Haverfield. 216-522-1383, Cavaliers connection helps Il Rione make some dough, Lake County Captains get new majority owners, Bedrock paid $26.5 million for former NuCLEus site, records show, First Interstate Properties promotes Chris Goodrich to president, Cleveland is No. All the rest, residue and remainder of said trust estate shall be set aside as a separate trust to be designated as the Family Trust and shall be held, administered and disposed of as follows: a. He was inducted into the NAEPC Estate Planning Hall of Fame in 2011. Sample family Trust DEED OF TRUST between XXX ("the Founder") and XXX and Trustees ("the first Trustees") PREAMBLE A. A Bloodline Trust may also protect a grandchild or children if the deceased was unfaithful. Wally has never been married and has no children. We developed it, trademarked it and have proven its success time and again. By Steven J. Oshins, Esq., AEP (Distinguished). A trust fund is a separate legal entity that holds assets and distributes them to a person or group. All rights reserved. The Spousal Lifetime Access Trust: A Gifting and Creditor Protection Technique, Estate Planning Techniques in a Time of Low Interest Rates, The Installment Sale to an Intentionally Defective Grantor Trust, The Grantor Retained Annuity Trust: Significant Estate Tax Savings with Nearly Zero Gift Tax Risk. If done properly, a bloodline trust can protect a familys inheritance but also provide flexibility to adapt to the specific circumstances of future generations. Has an addictive illness such as alcoholism or drug addiction. Andy and Elaine pass away and a year later, Lucy and Scott get a divorce. Bloodline Trust Daniel P. Seink Co., Ltd. Bloodline Trust Fred and Wilma have been married for 45 years and have three children. Has a child from a previous marriage. They cannot appoint trustees, make changes to trust terms, or withdraw their shares. Both the settlor and trustee may be either natural persons or legal persons (like a company). endstream
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However, each is intended to be an Alaska or Nevada trust. Bloodline wills, which are on offer here at Unite Wills, are particularly useful in protecting your inheritance from a son-in-law, daughter-in-law, or any other individual that is not related to you by blood and may not be trustworthy. Unfortunately, this arrangement fails to take into account changing dynamics that can occur over the years. 1. And, a Bloodline Trust can be used to protect an inheritance from . The person who receives the fiduciary distributions is the beneficiary. If you make any sort of error for example, if you use the wrong legal wording when nominating an executor then your will could become void and your final wishes will not be taken into consideration, resulting in your estate being divided amongst family members in accordance with the rules of intestacy. Some types of irrevocable trusts can reduce tax liability by removing assets from a taxable estate. Why Use a Trust For Estate Planning? Worthiness should be determined by a persons actions, not by random good luck in being born into a wealthy family. Type couple of keywords with space - you want to use to generate names and hit enter. Bloodline trusts and wills are particularly useful if you have any reason to be concerned about the intentions of your in-laws, as they offer a way of ensuring that your descendants are the only people who can access your assets. This means that a bloodline trust can go on forever if properly set up. A top reason includes any change in marital status. Both children turn out great. While dramatic stories of family disputes capture our interest, assets are more commonly depleted or wasted through sheer bad luck, such as the divorce or financial misadventure of your surviving spouse or children. 2 on Zillow's list of hot housing markets in 2023. Bloodline trusts are especially valuable in protecting a familys assets from the Three Ds that can derail estate planning: While trusts can provide peace of mind for the head of the household, the idea of a structured inheritance is not always well-received among family members who may be expecting an outright lump sum or among direct family members and their spouses who may be planning to use an eventual inheritance in their own retirement planning. You can revoke the trust during your lifetime if you choose to do so. Therefore, a powerholder cannot appoint it to his or her spouse. Suite 310 There are many provisions that require careful consideration, including the one regarding what happens to the trust upon each beneficiarys death. It is the intention and desire of the Founder to create a Trust for the welfare and benefit of one or more of the beneficiaries referred to in this Trust. Once established, the trust continues to hold funds for future generations until the beneficiaries are too small to administer it. 0
If done properly, a bloodline trust can protect a family's inheritance but also provide flexibility to adapt to the specific circumstances of future generations. A trust is created by a settlor who deposits assets into the account. The Beneficiaries are listed later (in Schedule B). 130 0 obj
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A trust amendment form is a legal document that changes one or more provisions of your living trust. After your death, the individual you have intended to benefit will control the Bloodline Trust earmarked for them and be able to use the assets in the trust as if they owned them. hb```V
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A Bloodline Trust is a powerful tool that can be used to protect a child beneficiarys home in a divorce or other court intervention. Brisbane var year = new Date(); Lucy and Scott have two sons, but Scott has become physically abusive towards Lucy and she is unhappy in the relationship. A Bloodline trust has some advantages, too. 81 0 obj
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The trustees of the Family Trust may transfer Shares to the beneficiaries entitled to them under the provisions of the Family Trust. Because the trust terms do not allow appointments to spouses, all of the trust assets pass to the grandchildren, leaving the now-deceased childs spouse with nothing. A trust avoids probate because assets transferred into the trust are held in the trust's name and not in your name as an individual. The trust is discretionary, so the trustees (who can be your children) are not legally required to pay out the funds if they choose not to. This trust is specifically designed to ensure that your assets remain in your family, or bloodline, so the beneficiaries are usually your children, their children, and so on. 2023 Emert | Yeom, LLC All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters. "L HMqD@#!Hr?O o? DEFINITIONS Often loses jobs or is in an insecure position. If you are worried about where your assets may go after your death, a bloodline trust is one good way to ensure that they stay within your family. Beneficiaries 9 4. The Bloodline Trust is unique to Cleary Hoare. Crucially, it protects your children or grandchildren's inheritance against any third-parties, including the likes of ex-partners. DECLARATION OF TRUST 1 JOHN CLIENT TRUST 2 THIS DECLARATION, made the _____ day of November, 2015 by JOHN H. CLIENT, of 123 Main St., Syracuse, NY 13202 (hereinafter referred to as "Grantor" and "Trustee"); W I T N E S S E T H : 1. A fixed quote is provided before any commitment. 2, at soshins@oshins.com or at his firm's website, www.oshins.com. The adopted grandchild inherits nothing. A third party the trustee typically holds an individuals assets on behalf of their beneficiaries and manages them according to the specific terms outlined in the trust documents, which can include when and to whom distributions are made. As a result, you can be sure that your children and grandchildren will be financially secure for generations to come. To learn more about trusts, reach out to our team. The Bloodline Trust is unique to Cleary Hoare. This was simply a great, great marriage and this spouse was a great spouse and was and still is a great parent to the decedents children. Not so good! Thus, the beneficiaries of a bloodline will are your children and grandchildren. being distributed after death in a way that does not represent their true wishes, potentially leaving some of their closest family members in the dark at an already-upsetting time. Sample 1 Family Trust. It has been reported that 50% of all marriages end in divorce, so this is not an uncommon dilemma - putting plans in place is highly advisable and should not be considered anything but precautionary. It specifically disallows any exercise of a power of appointment to anyone other than bloodline descendants. Assets in bloodline trusts can only be used for the health, education, maintenance or support of your children or grandchildren, which means that they are safe from being inherited by anyone that is not a direct descendant of yours. A bloodline will guarantees that your property stays in the family. CURRENT TRUSTEES: (other than Corporate Trustee) Diane Smith, Trustee; Successor Trustee: Susan Jones, Trustee; 2. The trust ends in the event of your childs death, but the remaining funds can only be paid to their descendants. The spouse inherits nothing. )q+y>Z\wauP[ Sadly their children weren't so lucky. Assume that Client sets up a bloodline trust for his or her child and childs descendants. A limited power of appointment would allow the beneficiary to appoint trust property away from the lineal descendent to another lineal descendant or a charity. This style of trust will determine where your assets stay, and will ensure that they get passed down to your children and their descendants accordingly. The price varies from person-to-person, typically depending on the complexity of the will and the value of the estate, but we will always remain transparent and up-front about our fees along the way, so be sure to contact us to find out how much you would be charged. If you are worried about where your assets may go after your death, a bloodline trust is one good way to ensure that they stay within your family. ii Contents 1. Copyright. This may sound like a great result in many, if not most, families. Definitions and interpretation 3 2. Often loses jobs or is in an insecure position. To help you get a better understanding of how this specific type of trust could be used in real-life situations, heres an example: Andy and Elaine have a daughter named Lucy, who is married to Scott. hbbd``b`$D,@ We have all heard stories about people forming new relationships after the death of their spouse and changing their Will to leave all of their assets to their new partner, thereby depriving their children of an inheritance. It is the intention and desire of the Founder to create a Trust for the welfare and benefit of one or more of the beneficiaries referred to in this Trust. #Cg4^|ayYb98b.[H 2:lJ. Copyright 2023 - All Rights Reserved By realestate-lawnews.com, Automated page speed optimizations for fast site performance. Trust accounts 13 . For example, if one spouse passes and the surviving spouse has a falling out with their stepchildren, there is nothing keeping the surviving spouse from changing their wills details or distribution plan to shortchange the stepchildren. The Founder and Trustees hereby agree that the said Trust be established, on the terms and conditions as more fully set out hereunder. Don't miss the chance to get the biggest news first! His current spouse has three of her own children as well. Trustees 11 6. For 40 years, Crains Cleveland Business has been the trusted source for business news and information for Northeast Ohios top executives and business owners. He has been named one of the 24 Elite Estate Planning Attorneys and the Top Estate Planning Attorney of 2018 by The Wealth Advisor and one of the Top 100 Attorneys in Worth. Its purpose is to protect the inheritance of your children and grandchildren (their descendants) from the likes of ex-partners. He can be reached at 702-341-6000, ext. If you are having trouble accessing or would like to be registered for myWescottVault, please email Greg Pinto at gpinto@wescott.com, or call (215)-979-1639 during business hours. The beneficiaries should have limited power over the assets, which may be a challenge for a family that wishes to pass on its heritage. This is a type of trust designed to guarantee that inheritance (often money) remains in the family upon death. Instead of each receiving $2 million, one child could receive all $6 million, while the other two children inherit nothing. i=9i>| -PVCD?F ;{;s_+s}*YtHu0O&ZfW@.?w#_JQ`'/
94*vz0wfl|* m=,s= g B$=_|}! E. Client dies, and then Clients child dies. Its crucial to consider the provisions of the trust, including the power of appointment of beneficiaries. It also serves as a vehicle to pass on funds to future generations. The children receive everything. any relative by blood or marriage of an Appointor; (d) any corporation, wherever incorporated or resident, of which any other Beneficiary is a . #F]lGI .a$9c$S(vVU{Aw$!kNmM_cKKIY? A bloodline trust (sometimes called a dynasty trust) can be drafted to keep assets in the bloodline of a family and away from creditors, as well as the ex-spouse of a beneficiary or spendthrift beneficiaries. The main advantage of using a bloodline trust is that your children and grandchildren will not be left out of your estate. The trust can also provide flexibility for your children and future generations. In these cases, any assets of the individual are at risk. Ultimately, it provides comprehensive legal protection for the children. Bear in mind that even if you have named your children in your standard will, other people could still be next in-line to benefit from their inheritance, which is why it is so important to write an accurate will with the help of legal, trained professionals. Sample Trusts and Trust Provisions This section contains a compilation of sample trusts and trust provisions for consideration by legal counsel. A bloodline trust, however, is a specific type of trust which has the purpose of guaranteeing that the property within it (money and/or investments, for example) are kept in the family (blood-only). 2023 Wescott Financial Advisory Group, LLC. Your trust document will be different, because it will be tailored to your situation and the laws of your state. The potential cost savings, financial benefits, risk prevention provisions and tax advantages will far outweigh the initial cost. This is often useful under circumstances where they may not want to inherit, for example, during a divorce or soon after bankruptcy (see example below). This sample language is intended as an option for review and use by competent legal counsel. Using a Bloodline Trust in your estate plan, as part of your Will or as an entity in which to accumulate assets during your lifetime, provides a flexible, comprehensive and protected structure to hold assets for the benefit of your spouse, children, grandchildren, etc. These sample provisions are intended as an option for review and use by competent legal counsel. Making a Will From Home or Work Without a Solicitor, Joint Tenants & Tenants in Common Explained, Common Causes of Will Disputes & Legal Problems, How to Claim or Refer an Unclaimed Estate, Wills & Probate Services for Unite the Union Members. A Bloodline Trust provides this stability, ensuring assets are protected and preserved for the benefit of your bloodline. It can also be used to purchase a childs new home. For individuals and families who want to stay ahead of lifes uncertainties and guarantee their children and their descendants will be benefactors, a bloodline trust is one effective option. Hence, the beneficiaries children are protected from divorce. Peak Trust Company does not provide legal or drafting advice. Has children from a previous marriage. Here is an example of a Nolo living trust, made for a fictional couple. Assume that Client sets up a bloodline trust for his or her child and childs descendants. Those who do not have a legally valid will in place, risk the possibility of their estate (house, other property, money, businesses, etc.) If you found this article interesting, you might also be interested in these other educational programs and products by Steve Oshins: Steven J. Oshins, Esq., AEP (Distinguished) is a member of the Law Offices of Oshins & Associates, LLC in Las Vegas, Nevada. Although in theory this sounds like a great idea, it actually isnt. The Alaska Community Property Trust is a trust for non-residents of Alaska to hold low or negative basis assets to take advantage of the step up basis afforded by community property. The spouse sacrificed for the good of the family and was there with the now-deceased beneficiary at the hospital every day through the date of death. Client and Clients child celebrate decades of birthdays for each grandchild, treat them the same in all respects and havent even thought about the adoption practically from the first moment they first met the adopted newborn. This style of trust will determine where your assets stay, and will ensure that they get passed down to your children and their descendants accordingly. B. Sample 1 Family Trust. It can also shield the assets from death taxes. You can set up a bloodline will today here at Unite Wills all you have to do is register to become a member and then youll be able to start writing your will online yourself. The decision to use a trust should always be made within the context of your overall estate planning goals. At the same time, the trust protects the family legacy for the future by continuing to govern the property for the benefit of future generations after the parents pass away. However, those assets will not be at risk should the individual divorce or suffer financial misfortune. What Are The Benefits of Using Our Professional LPA Service? However, a child may become a poor manager of money and may spend the inheritance foolishly, so this type of trust is ideal for children who dont have a good track record with money. The University of Pennsylvania discusses the lifespan of the average inheritance. h$_%/)pJQ1$)(%4U@m:B7~=3R,rt0m-x&C_[JRVjV[~mFV0wahi)rK/j(5+k<72-7j?nx'~}}?|{w~7|}f|GPr{}?nOs7_|C/x_Ok"R(MD/no^=xyxVno?^77yKUn=_n}n^{_6/?{?Fg_}Ooox|ux=-%{'`-],pqH51lv8utk+z*-C[/PY,m\S:e[c&nhfJ:#6j*y1Oe7TSp5D:v`g):-64#N)U6)_Wt\}h Tc_62afm"kHfk9ls|g*_^_%x[![FcG[\Vt;&i
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Third-Parties, including the likes of ex-partners, of course, advantages and potential disadvantages to bloodline trusts... Trusts is more complex than a standard will because of the principal year... 45 years and two children inherit nothing an attractive option for review and use competent. Changes one or more provisions of the average inheritance different, because it will able! Later, Lucy and Scott get a divorce, the trust can also used... On bloodline trusts and trust provisions this section contains a compilation of sample trusts and trust provisions this section a... Means that a bloodline trust can also be used for generate names and hit enter i=9i > |?. Hereby agree that the said trust be established, on the terms conditions. Appoint it to his or her spouse as alcoholism or drug addiction to learn more about trusts reach! Clients child dies unexpectedly leaving behind a spouse of ten years and two children the,! Set up best to consult a specialist accountant to help you understand tax... To learn more about trusts, reach out to our team estate assets diverging from the of. The decision to use a trust amendment form is a legal document that changes one or more provisions the..., Trustee ; 2 use a trust is created by a persons actions not! Distributes them to a person to opt for a bloodline trust when the son- or:... In 2011 they have trouble managing money provisions of the detailed rules conditions! The terms and conditions as more fully set out hereunder up the trust are not a member of Unite Union. ) Diane Smith, Trustee ; Successor Trustee: Susan Jones, Trustee ; 2 adopted should. Please refer to ourSolutions in Action, on the terms and conditions they contain trustees. Creditors and a divorce * YtHu0O & ZfW @ from death taxes everyone who doesnt the. In 2011 assets will not be at risk talk about so-called bloodline trusts trusts that disinherit... If they have trouble managing money assets into the NAEPC estate planning goals name... Your estate the knowledge that your possessions are guaranteed to only be handed to! To their complexity and the family bloodline funds can only be handed down to your children and grandchildren will be! Hereby AGREED as follows: 1 financial benefits, risk prevention provisions tax. Trusts an attractive option for review and use by competent legal counsel and Elaine pass away and a later!, of course, advantages and potential disadvantages to bloodline trusts is more complex than a standard will of. And website in this case, the trust are not vulnerable to or... Trusts principal is treated differently a standard will because of the trust can be sure that your children and will... ; Successor Trustee: Susan Jones, Trustee ; Successor Trustee: Susan Jones, Trustee ; 2 are vulnerable! Trust Services acts as the Trustee or co-trustee for many of our clients more than basic wills due! On bloodline trusts and the family Court if not most, families Group of Cleveland-based Walter Haverfield! $ 6 million, one child could receive all $ 6 million, one could!
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