Nice Words from The San Francisco Chronicle
Ms. Pender was kind enough to mention our blog in her column on Sunday July 27, 2008.
The article contains some varied views as to the necessity of estate planning and the use of pet trusts.
It also sheds a different light on some type of pet owners and their attitude toward their pets.
You may review the entire article here.
Let me know your thoughts and reactions.
Too Much Legalese for Your Pets?
I had a long conversation Friday afternoon with Kathleen Pender.
Ms. Pender is a well written and well respected writer for the San Francisco Chronicle.
She regularly reports on local, national and international economic and business events.
Recent stories have covered the failure of IndyMac Bank, the influx on foreign money and investment inroads into the United States, the still declining housing market, how the downgrading of bond insurers has a direct effect on the sock market and the basics of heath savings plans.
Our conversation was a little less complicated, as we discussed the newly passed California Pet Trust Statute.
As we talked about pet ownership, estate planning and the role of the Trustee and the Caretakers, she posed an interesting question.
Why, she queried, should the courts take up valuable time dealing with pet trusts, statutes, Trustees, estate issues with probate, emotional distress trials for pet owners, custodial disputes and other pet issues.
Surely there were more important items for the judges and courts to entertain.
My only response was that the courts are currently reviewing more and more of these issues, whether we like this change or not.
More households have pets than have children.
If pet owners did not have the passion and concern for their pets, they would not seek help from the courts.
If these cases were not brought in to the legal arena, they would not have the same import and legislators would not feel the need to enact more laws as the behest of their voters.
The Courts interpret the laws.
Legislators write the laws.
Laws that they deem necessary; to please their constituents.
The voters.
The role of pets in our lives will only increase as time passes.
California Enacts New Pet Trust Legislation
It has been said many times, that as California goes…so goes the country.
Well, in the area of estate planning for pets, California has not been a leader, but recently joined the enlightened ranks of numerous other states.
We originally wrote about the proposed legislation here
The Legislative Counsel’s Digest ( of California) states the following on the proposed changes;
"Existing law provides that a trust for the care of a designated domestic or pet animal may be performed by the trustee for the life of the animal, whether or not there is a beneficiary who can seek enforcement or termination of the trust and whether or not the terms of the trust contemplate a longer duration. ..
"This bill would repeal the provisions regarding domestic or pet animal trusts and would provide instead that a trust for the care of a designated domestic or pet animal is for a lawful noncharitable purpose and terminates when no…designated animal is living on the date of the…settlor’s death…unless otherwise provided in the trust …The bill would require a court to liberally construe a pet trust to bring it within the bill's provisions, to presume against an interpretation that would render the disposition a mere request or an attempt to honor the pet, and to carry out the general intent of the trust. The bill would provide an order of disposition of trust property upon termination of the trust and would provide authority for the court to name a trustee and to transfer trust property, as specified. This bill would permit…any person interested in the welfare of the pet animal or any nonprofit charitable organization…that has as its principal activity…the care of animals to… petition the court regarding the trust, as specified…"
We are now pleased to inform you that as of July 22, the proposed legislation has been passed and assigned by Governor Schwarzenegger.
The full legislation can be found here.
Welcome California, to the new millennium.
Put the new statute to use for you and your pets.
Want to Help The Wild Free-Roaming Horses and Burros?
In 1971, Congress passed the Wild Free-Roaming Horses and Burros Act.
This strangely named legislation was enacted to:
"require the protection, management, and control of wild free-roaming horses and burros on public lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress finds and declares that wild free-roaming horses and burros are living symbols of the historic and pioneer spirit of the West; that they contribute to the diversity of life forms within the Nation and enrich the lives of the American people; and that these horses and burros are fast disappearing from the American scene. It is the policy of Congress that wild free-roaming horses and burros shall be protected from capture, branding, harassment, or death; and to accomplish this they are to be considered in the area where presently found, as an integral part of the natural system of the public lands."
Now, according to the ASPCA. a proposed major change will potentially be devastating .
“The Bureau of Land Management (BLM) is the agency within the U.S. Department of the Interior that administers America's public lands, including the animals who call this land home.
As part of its wild horse management program, the BLM has spent the past several years rounding up wild horses and keeping them in private, long-term holding facilities—which is expensive. Now, the agency wants to euthanize thousands of healthy horses, claiming it is too costly to feed and care for them. The ASPCA encourages the BLM to explore other solutions, including but not limited to reopening additional land for the horses and increasing certain contraception programs that have already proven safe and effective.
For more information and possible course of action you may visit their website at ASPCA.
Rhode Island Pet Trusts
Can you provide any additional information for Estate Planning for Pets in my state?
Peggy Scituate, Rhode Island
Peggy, Rhode Island has had a statutory Pet Trust since 2005.
Animallawinfo.com, provides a summary of the law:
"This law represents the state's pet trust law. The law provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal, or if the trust was created to provided for the care of more than one animal alive during the settlor's lifetime upon the death of the last surviving animal. The statute lists a distribution schedule for any remaining trust property and also states that such trusts are to be liberally construed to carry out the transferor's intent."
The Rhode Island State statute reads in full as follows:
(a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal, or if the trust was created to provided for the care of more than one animal alive during the settlor's lifetime upon the death of the last surviving animal.
(b) Except as provided in this section, the provisions of the general laws which govern the creation and administration of express trusts applies to the trust for the care of an animal.
(c) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove the appointed person. The appointed person shall have the rights of a trust beneficiary for the purpose of enforcing the trust, including receiving accountings, notices, and other information from the trustee and providing consents.
(d) Property of a trust appointed by this person may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Property not required for the intended use, including the trust property remaining upon its termination, shall be distributed in the following order of priority:
1) As directed by the terms of the trust;
(2) To the settlor, if then living;
(3) Pursuant to the residuary clause of the settlor's will;
(4) To the settlor's heirs in accordance with the Rhode Island general laws on descent and distribution.
(e) A governing instrument shall be liberally construed in order to presume against the merely precatory or honorary nature of the disposition and to carry out the general intent of the transferor. Extrinsic evidence is admissible in determining the transferor's intent.
(f) If a trustee is not designated or designated trustee is not willing or able to serve, the probate court shall name a trustee; a court may order the transfer of the property to another trustee, if the court makes a factual finding that it is necessary to assure the intended use is carried out and if a successor trustee is not designated in the trust instrument or if a designated trustee does not agree to serve or is unable to serve.
The Rhode Island format follows the majority of States with pet trusts.
Discuss this with your team of professional advisors, take advantage of this statute and prepare to plan for you and your pets.
How Dangerous Is Your Dog?
There is a constant debate about the most dangerous breed of dog and many localities and states are trying to pass legislation that will significantly diminish or disallow altogether, the ownership of some breeds as pets.
According to Propeller.com
In 2007, there were 33 human fatalities as a result of dog bites. Forty-five percent of the attacks occurred to adults over the age of 18, and 55% occurred to ages below. Pit bull type dogs were responsible for 67% of fatalities; the next closest breed was the rottweiler at 12%.
But all dog breeds are potentially dangerous. In 2000, the Centers for Disease Control (CDC) reported that 25 breeds of dogs were involved in 238 fatal dog bites from 1979-1998. Here it is the compiled list of the most dangerous dog breeds:
1. Pit bull is one of the most brave and dauntless dogs that usually takes on any opponent. Therefore they take part in dog fighting. It is common knowledge that this dog breed can even mangle the human to death as pit bull locks its jaws onto the booty until it is dead.
2. Rottweilers Due to their intense territorial instinct these dogs are very aggressive. Rottweilers are commonly used as guard dogs.
3. German Shepherd This breed of dogs is known as a smart and vigilant one. As German Shepherds proved to be confident and fearless local authorities such as the police K-9 unit use German Shepherds as a police dog.
4. Huskies Despite of their energy and intelligence this breed is not regarded a good guard dog. It is caused by its kind temperament and personality characteristics. However it should be marked that between 1979 and 1997 fifteen fatal cases were caused by huskies.
5. Alaskan Malamutes This breed requires a lot of exercises to be happy as being bored they become disobedient. On the whole their characteristic features are energy and activity.
Remember, any dog can bite. No matter what the breed or temperament.
Your pets and their behavior are your responsibility.
Act accordingly…
Planning For Your Parrot
Most of your information revolves around cats and dogs. I have a number of large birds as pets and am concerned about their care if something happens to me…any suggestions?
Luigi Madison, Indiana
Luigi, there are any number of refuges for birds, especially larger ones, located throughout the United States.
One of them, The Lucky Parrot Sanctuary, is located just outside of Naples, Florida.
According to the website, their mission is to:
Provide a haven in a natural setting, for homeless, abused, and/or unwanted parrots.
The Parrots now live and thrive out of doors in this sub-tropical climate.
The various species do not all get along with each other, and for this reason no single structure will suffice for all the Lucky Parrots.
We maintain four outdoor full flight aviaries so that the parrots can do what they were born to do, fly.
Today Lucky Parrot offers permanent sanctuary for hard-to-place older parrots and those who no longer make good pets.
The sanctuary does not breed, buy, sell, or broker parrots, and they do not process adoptions (although they can suggest potential adoption sources).
Lucky Parrot is a 501(c)3, nonprofit humane organization staffed by volunteers. 100% of all donations are used for the benefit of the parrots. The organization has been accredited by both The American Sanctuary Association (ASA) and The Association of Sanctuaries (TAOS).
In light of the fact that some parrots can live for seven or eight decades, you are wise to begin planning for the care of your birds.
The Lucky Parrot Sanctuary is only one of many that stand ready to assist you in your planning with your pets.
Pet Trusts Are Available In Iowa
We recently received a phone message from an unidentified caller that asked about the availability of a Pet Trust for the state of Iowa.
Since 2000, Iowa has had a Statutory Trust available for use by pet owners.
The Iowa Code provides as follows:
633A.2105 Honorary trusts — trusts for pets.
1. A trust for a lawful noncharitable purpose for which there is no definite or definitely ascertainable beneficiary is valid but may be performed by the trustee for only twenty–one years, whether or not the terms of the trust contemplate a longer duration.
2. A trust for the care of an animal living at the settlor’s death is valid. The trust terminates when no living animal is covered by its terms.
3. A portion of the property of a trust authorized by this section shall not be converted to any use other than its intended use unless the terms of the trust so provide or the court determines that the value of the trust property substantially exceeds the amount required.
4. The intended use of a trust authorized by this section may be enforced by a person designated for that purpose in the terms of the trust or, if none, by a person appointed by the court.
The law is fairly simple and straight forward.
Contact you professional team for more assistance.
Hawkeyes have tools at their disposal for estate planning for their pets.
Put them to use…
How Much Is Too Much For Your Pet?
We have written extensively about the role of the Trustee and the Caretaker in your pet’s estate planning process, here here here and here.
The more written information and clarification that you can provide for them will only assist the process of caring for your pet after you have gone.
We have also discussed Leona Helmsley’s will and the millions of dollars that she left to her dog, Trouble.
A recent article in the New York Times now reports that the “mission statement” of Ms. Helmsley specifically states that her entire estate, of some $8 billion, is to be used for the care and welfare of animals.
With this much money at stake, we can be assured that the litigation in this probate process is set to continue for years, If not decades, to come.
You can read the entire article, here .
We fully encourage estate and emergency planning for owners of pets and companion animals.
But, we also urge you to use good sense in your planning.
Perhaps, just perhaps, that $8 billion, or a part of it, could be used for a different need or cause.
Just a thought.
Plan well for your pets and plan now.
Does Your Dog Graze on Grass?
So, I am walking the dog that may or may not be allowed on beaches in Florida and probably has more estate planning than Donald Trump, and notice once again, they she seems to be infatuated with eating our lawn.
This time for some unknown reason, I decide to do some research to see if thisactivity is good bad or indifferent for her.
According to the Pet Library , nearly every dog eats grass sometimes, and some dogs eat it all the time.
The short article is here:
"You would think that veterinarians would have a pretty good idea by now of why they do it. But they don't, mainly because no one has figured out how to ask dogs two important questions: "Do you like the taste?" and "If it tastes so good, why do you throw it up?"
If only dog's could talk! But if you are like many dog owners who live in a grassy area you would swear sometimes that your dog is an Angus. Dogs just lay out in the yard and graze just like a cow. Dogs explore their worlds with their noses and mouths. And there's the grass, attractive, sweet-smelling, with an appealing texture; and it's ever-so-accessible on the ground. Why not eat it?
Dogs are remarkably flexible in their tastes. They'll polish off a bowl of dried dog food, then walk over to see if there's anything good in the trash. If they're still hungry, they'll wander upstairs to see what's in the cat's box. Basically, they'll eat, or at least sample, whatever they find in front of them.
There's a good reason for their liberal tastes. Unlike cats, who evolved solely as hunters, dogs survived by scavenging. When they couldn't catch live prey, which was a lot of the time, they'd eat the ancient equivalent of roadkill. They didn't care too much if had been lying in the sun for a week or was half-buried under old leaves. It was food, and they weren't going to pass it up. When meat wasn't on the table, they'd root around for tender leafy stalks, or roots, or an old polished bone. They simply weren't fussy, and dogs today haven't gotten any fussier. They're predisposed to like just about everything.
In addition, there's some evidence that dogs get cravings for certain foods. It's possible that dogs occasionally get a hankering for greens, just as people sometimes go to bed dreaming about mashed potatoes and meat loaf. It's not as strange as it may sound. Grass was part of their ancestors' regular diets.
Dogs are omnivores, which means they eat meat as well as plants. They don't need grassy nutrients any more because most commercial dog foods are nutritionally complete. But dogs aren't nutritionists. They don't know or care that they've already gotten their vitamin or mineral quotients from a bowl of kibble. Their instincts tell them that grass is good, so they eat it. Besides, there's a world of difference between satisfying the minimal nutritional requirements and having a great meal. And for many dogs, a mouthful of grass clearly tastes great. It's like a salad - they eat some, then want more.
Even dogs who usually don't eat grass will head straight for the nearest patch when they're feeling sick. They'll gobble a few mouthfuls, retch, and then throw up, or at least try to. Veterinarians still aren't sure if dogs eat grass because their stomachs are upset or if their stomachs get upset after they eat grass. However, many vets suspect it's the former, because dogs who are energetic and perky seem to be able to eat grass without getting sick afterward. It seems likely that there's something in grass that does stimulate the urge to vomit.
The stomach has all kinds of neuro-receptors that respond to what dogs ingest. They react to acidity, chemical content, and textures. The texture of the grass has something like a tickle effect on the stomach, which may induce vomiting.
This tummy tickle may explain why healthy dogs can eat grass without getting sick. They take a mouthful, chew it thoroughly and swallow, then reach down for some more. Dogs who are sick, however, appear almost desperate for the grass. They don't chew it carefully or savor the taste. They gobble it. Without the chewing, those prickly little stalks hit their stomachs all at once.
This may be what stimulates the urge to throw it all back up - along with whatever was irritating their stomachs in the first place. They can't stick their fingers down their throats or ask for syrup of ipecac like people can, so eating grass is something that works. And once dogs find something that works, they tend to stick with it.
Unless your dog is in the habit of regurgitating grass on the dining room floor, there's no reason to worry about it. Dogs have been eating grass for thousands or tens of thousands of years, and there's no evidence at all that it's bad for them. That isn't the case, however, when grass has been treated with insecticides, herbicides, or other chemicals. Most products say on the label whether they're dangerous for pets. In any event, you should certainly keep dogs away from grass soon after chemicals have been applied. Most products break down fairly quickly, but they can be quite dangerous if your dog eats them while they're fresh.
Oh well, now we all know more about our grass eating machines.
Pets On the Beach?
I just returned from a long weekend on a small quiet island. (Read remote-no shopping-no-restaurants-no attractions).
I had a lot of time for thinking and I am still trying to understand the laws in this state.
In the county where I live, for example, there are absolutely no pets allowed anywhere on any of the public city beaches.
No exceptions.
Yet, step one foot inland from the beach to the adjacent city park and pets on leashes are perfectly acceptable.
Pets are not allowed in the county parks, except for one that has a dog run.
Oh, there is a county park with a lake and once a month; pets are allowed in the lake, with their owners, for four hours.
The county directly north of us has a dog beach that is open daily.
Some of their county parks allow pets and some do not.
Some state beaches are pet friendly, most are not. And the state parks are all over the place with varying rules. Some have open runs; some have leash rules and others strictly prohibit any pets.
How does all of this relate to the remote island?
The county where it is located allows no pets on any of its beaches.
However, a County Sheriff we spoke with, on the beach, said that pets on the beach are okay as long as they are not a problem.
With that, we walked on with our dog, enjoying the small quiet island.
What a state.
If I cannot understand the laws, how can our visitors?
Oh well, bring your pets and plead ignorance.
Enjoy the Holiday Weekend With Your Pets
Fourth of July weekend is here.
Beach time, picnics, and sunburns.
Fireworks, sparklers and firecrackers.
Laid back, summer time fun.
Enjoy, but don’t forget that your pets may need some extra care this weekend.
Pets911.com, offers these tips for you and your pets.
"1. Make sure to keep your pets away from BBQ’s, sparklers, fireworks and citronella candles. As with all members of your family, these items should be used with adult supervision and should never include your pets. Not only does the noise of fireworks scare them, but accidents can happen while dealing with fire. If you can’t supervise your pet closely, please keep your animals inside, away of the festivities.
2. Do not use any sun screens or other summer sprays on your pets that are not made especially for them. If you have a high presence of insects and they are bothering your pets, or they will be out in the sun, please consult a veterinarian on inset repellents and sun screens that are safe for animals.
3. Do not place glow ropes or other festive party favors on your pets. If digested, these items could cause sever health problems or even death.
4. Do not take your pet with you to large celebrations. Excessive noise, fireworks and unsupervised food or drink can be either overwhelming or unhealthy for your animal. Leave them at home, in a peaceful and secure area. Do not leave them in your car ever.
5. Always keep and ID tag on your pet’s collar. With fireworks, comes anxiety from pets, sometimes resulting in escape attempts or bolting. The 4th of July accounts for many lost pets. Having ID on your pet will get her home faster.
6. Keep your pet hydrated. Don’t forget to refill your pet’s bowl with water during your celebration.
7. Is your pet spooked by the “boom” of fireworks? If you are leaving your pets at home, please be sure that they can’t escape by digging under or jumping over a fence. If your yard isn’t fenced at all, you certainly want to keep them inside. If your pet is normally chained, it could strangle itself. You may want to safely confine them to a room or crate if they tend to react strongly to the noise and confusion. Play music or the TV for them to help block the noise outside. You may also want to talk to your vet about medication options.
8. Above all, be patient. Be prepared for accidents on the carpet and take the time to secure your home and backyard..."
Enjoy the weekend with your family, friends and your pets.
Trust Protector-A Good or A Bad Thing?
Denise of Merlin, Oregon, had posed a question regarding the definition of a Trust Protector. We turned to Senior Counsel Sharon C. Nelson of Foley & Lardner, LLP, here and here to help us with these issues.
...In the right circumstances, the use of a trust protector can be invaluable in giving the grantor the peace of mind that his intent will be carried out even if the laws or circumstances of named beneficiaries change. On the other hand, granting broad powers to a trust protector can cause unintended results and change beneficial interests that the grantor never intended. Before including a trust protector in any trust document, the grantor should have the opportunity to carefully consider the possible consequences of giving someone the powers he or she is contemplating. Most importantly, if a grantor does decide to add a trust protector to a trust document, the drafting attorney should carefully define and specify the powers of the trust protector, the limitations placed on the trust protector and the intent of the grantor in naming the protector.
When you meet with your attorney and other consultants to discuss your estate planning for your pet, do not forget to talk about a Trust Protector.
Who Should Serve as A Trust Protector?
Denise of Merlin, Oregon, had posed a question regarding the definition of Trust Protector. We turned to Senior Counsel Sharon C. Nelson of Foley & Lardner, LLP, to help us with these issues.
...Technically, anyone can serve as a trust protector. However, in order to avoid adverse tax consequences (for both the grantor and the trust protector), it is generally advisable to name an independent third party as the trust protector. Trustees, beneficiaries or members of the donor’s immediate family are not independent parties and thus, should generally not be named as trust
protectors. Lawyers, accountants, unrelated business-minded friends, brothers, sisters, aunts and uncles of the grantor are often a good choice for the trust protector role. Corporate fiduciaries are not necessarily the best choice due to the conservative view of many corporate fiduciaries which may make it difficult for them to exercise the authority they are granted...
....While there is no set list of powers that should be granted to a trust protector, there are some powers that would be helpful in most situations that the grantor should consider. For example, the trust protector could be given the power to amend the trust to comply with new tax laws or to address any changes in the law or circumstances of a trust or its beneficiaries that would significantly change the tax treatment of the trust or its beneficiaries. In addition, the trust protector could be given the power to terminate the trust or to remove, add or replace the trustee. Other powers could include the ability to change the governing law or to expand or limit the powers of the Trustee. Some powers, however, such as the power to grant, expand, reduce or eliminate a power of appointment, the power to change, eliminate or add provisions regarding the disposition of income and principal or the power to change beneficiaries should be looked at more closely before including them because beneficial interests could be completely altered. Care should be taken to clearly define the purposes of the trust and to give the trust protector ample guidance as to what is expected and allowed and what is not...
We will conclude this review tomorrow.
