Pet Trust Law Blog : Pet Trust Lawyer & Attorney : Dan Meek Law Firm : Estate Planning, Pet Guardians, Will Provisions

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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.