California Is the Latest State to Try to Tax Your Pets
Everyone is in an economic crunch.
Unfortunately, this is not news and is not unique to any one individual, company or geographic region.
California Governor Arnold Schwarzenegger wants to try to relieve some of his state’s economic burden and place it on you and your pets.
The Governor wants to legislate a 9 percent tax on all veterinary services, including medications, to help solve the state budget problems.
Generally, non-essential or luxury services are subject to this tax, and Schwarzenegger wants these pet services reclassified.
Since many, more families are already abandoning their household pets, due to their declining incomes and loss of jobs, this additional monetary burden is just not a good idea.
Currently Hawaii, New Mexico and South Dakota tax these types of services.
Is your state next up for this proposal?
Changing Monetary Evaluations for your Pet
I recently found another good article in a long line of posts on the changing face of the law regarding the evaluation of pets.
There is an excellent piece by Peter Lewis on MSN Money that reviews the changing attitude of society and the value of their pets as companion animals.
We have cited on numerous occasions the informative and helpful site of the nonprofit Animal Legal Defense Fund.
The ALDF promotes the study of animal law in law schools and funds and files friend-of-the-court briefs on behalf of animal cases.
Mr. Lewis writes about the good work of the Fund;
It cites studies showing that:
* 45% of dog owners take their dogs on vacation.
* More than half of "companion animal" owners would prefer a dog or a cat to a human if they were stranded on a deserted island.
* 50% would be "very likely" to risk their lives to save their companion animals.
Mr. Lewis also provides some interesting issues on the evolution of malpractice actions against veterinarians.
Read the rest of the article here and find out more about the direction of the law.
You Cannot Leave Cash To Your Pet
Why do I need to go to the expense of establishing a pet trust for my cat Erica? I should be able to just leave her X amount of dollars in my will. Right?
Betty Lou Pine Island, FL
Betty Lou, the answer to your question is very simple.
Although the attitudes of judges and juries in many states are slowly changing, the basic law is still that your pet is a piece of personal property.
Therefore, since Erica is still legally personal property, it is clear that personal property cannot own other personal property.
If you tried to give cash directly to Erica the result would be a legal impossibility and the gift would therefor be void.
Bob Barker Donates One Million Dollars for Animals
Bob Barker is well known as the long time host of the zany television game show, “The Price is Right.”
Screaming, hysterical people trying to guess the price of everyday and rare objects, with Barker leading the cheering of the crowd.
There is, however, clearly another side to this T.V. pitchman.
Bob Barker's DJ&T Foundation has contributed millions of dollars to fund animal rescue and park facilities all over the country.
Established in 1995, the DJ & T Foundation is a non-profit foundation devoted to the support of low cost spay/neuter clinics and voucher programs throughout the United States and the District of Columbia.
Recently, Mr. Barker made news by the announcement that he was donating One Million Dollars to the University of Virginia to establish an animal law program at the law school.
You can read the entire story here.
You never really know who wants to help the animal world or when that help will come.
Support Your Local No Kill Shelter
My daughter who lives in Ft. Worth found a starving young female dog a week ago Friday. After much loving attention and care, she had no option but to take her to the North Texas Humane Society, after being assured that "Hope" would not be euthanised without FIRST contanting my daughter. This was not the case. Within less 12 hours, this sweet dog was put down. One of the reasons given was that "Large, black & white dogs are hard to place." Our whole family is mourning the death of Hope. My daughter had found a good home for her and attempted to return to the Humane Society to go through the adoption process, but it was too late. Is there any Texas law that states the amount of time an animal can be kept before being put to death? Hope spent a week being around a one year old and a two year old, without ever showing any signs of aggression. She also allowed my daughter to handle her food while she was eating. This act on the part of Ft. Worth's shelter was inhumane and cruel. Please give me some advice about what steps we could take to spare another animal from being killed so quickly.
Thank you.
Sincerely, Susan Hildebrand
Susan, the process will vary from state to state and even within the state based on various local and county regulations.
I contacted the North Texas Humane Society and this is their response to your inquiry:
"The Humane Society of North Texas is the only open door shelter left in North Texas, that means we never turn away any animal in need. Sadly because of the volume of unwanted animals in our community, we cannot be both an open door shelter and a no kill shelter since no matter how hard we try the number of people coming to adopt is nowhere close to the number wanting to get rid of pets.
We hold all found animals for a minimum of three days in our lost and found area to give owners a chance to reclaim them, unless the animal is so ill or injured that holding it would cause too great suffering. On owner released animals decisions are made immediately as to whether an animal will make our adoption program. Decisions are based on temperament, health and on space available in the adoption area. Animal not selected for adoption can be euthanized the same day.
Everyone releasing an animal to us signs a release stating that euthanasia is a possibility and can be immediate, though many prefer not to know. We wish that we could find loving homes for each and every surrendered pet, sadly our community produces more pets than available homes so until more people spay and neuter and treat pets as a lifetime commitment, euthanasia will continue to be a painful fact of life."
Humane Society of North Texas Southwest Adoption Center
I am not sure if this is an answer to your question.
I suggest you contact them directly for further clarification of their policies.
This is another reason to support your local “no-kill” shelter.
Financial Assistance for Pet Owners
We have previously spoken of one of our favorite web publications, FloridaPets.net.
It is an abundant source of reliable and valuable information for pet owners, not only for Florida, but also throughout the United States.
This month’s newsletter has a page devoted to resources for pet owners that are suffering through this difficult economic time and might require financial assistance.
It not only provides a listing of humane societies throughout the country, but also has additional sources that are both public and private.
If you are one of the many pet owners that are in this position of financial hardship, go to FloridaPets.net and check out the alternatives.
No, this is not an offer of a bailout.
However, it is better to seek help than the possibility of the need to abandon your pet.
Your Pet Trust Needs Liability Insurance
When you set up your Pet Trust, you need to consider the total amount of money that you will need to adequately fund the trust.
This will include calculations for yearly food, supplies and veternarian bills.
Alternatively, there may be costs for boarding, for pet insurance or to pay the caregiver or the Trustee.
Do not forget the possible costs of liability insurance.
This insurance should be purchased by the Trustee to protect the Trust assets, the Trustee, and the caretaker from potential liability for money damages that may be caused by your pet.
Whether accidental or by design, your pet may cause harm to property or to individuals.
Plan ahead and protect the Trust that you have established to protect your pet.
Give Your Pet Caregiver Some Guidance
When you establish your Pet Trust, you should be clear and provide very specific information about your pet to your caregiver.
Even if the new caregiver knows your pet very well, they still need as much information as possible to make a new and happy home for your pet.
At the very least, the following information should be provided;
Identify any specific behavior or habits of your Pet,
Is your pet basically an indoor or outdoor Pet,
Identity the Breeder of your Pet (if applicable),
Identify the brand of food that you feed this Pet,
What are the usual feeding time schedules and the amount of food for each meal,
Identify any special medications, supplements or other dietary needs,
Identify the location of all medical records, inoculation and spay/neuter certificates,
Identify the daily routine for your Pet including the specific (if any) location for sleeping, eating, baths, grooming, walking or exercise locations and interaction with other local animals, special play activities, how to calm your pet when it is disturbed or in fear and adaptations to travel, and
Identify the favorite toys or play objects for your Pet.
The more information given to the caregiver, the smoother the transfer for all parties.
What Happens to My Cat When I Die?
What happens to my cat Alexandra, if I die without any written provisions for her?
Albert Wolf Point, Montana
Albert, in Montana, as in most states, pets are generally treated the same as other personal property.
If you die without a will (intestate) or an appropriate trust, your property will pass according to the state statutes.
That means that Alexandra will go to your heirs (spouse, children or others) as the law directs.
You will have no decision or control in the matter as to who takes care of your cat.
A will provision or a trust can eliminate these problems, as you can name the individual that you want to take care of your cat, when you are unable to do so.
Contact your attorney and they can assist you with this document preparation.
Add a Pet Trust to Your Estate Planning
If I have provided for my dog Derron in my will, why do I need to consider a Trust Agreement?
Chandra, Milroy, Indiana
Chandra, first of all, I applaud you for including your pet in your estate planning.
Second, keep in mind, that a will only becomes operative and effective when you die.
It can direct who will take care of your pets and how those tasks will be completed only after your death.
A valid Trust can provide for immediate care of Derron in the event that there is an emergency and you become ill or incapacitated.
You can nominate alternate caregivers for your pet and establish methods to fund and pay for the Trust.
A provision for your pet in your will is a good start; now begin the New Year with some planning and thoughts for a Pet Trust.
What is The Value of a Pet Dog In Illinois?
<img src="http://www.blawg.com/claimscript.aspx?userid=goater&LinksID=2219">
A recent decision by an Illinois Appeals Court once again focused on the value of a pet to its owners.
Is it merely personal property?
Or something more?
Mindy Leith found the neighbor’s dog viciously attacking her pet dachshund, Molly.
As a result of the attack, Molly suffered severe injuries and after extensive medical services, the veterinarian bill exceeded $4,700.00.
The Leiths sued their neighbors for a recovery of the bills and the Circuit Court ruled that the actual value of Molly, a seven-year-old dachshund, was only $200.00.
Upon appeal, to the Fourth Circuit Court of Appeals in Springfield, Justice Thomas Appleton wrote, that the Leiths “demonstrated how much Molly is worth to them by paying $4,784 for the dog’s veterinary care”, and awarded them the full award of the bills that they had paid.
Reporter Dave Bakke of the State Journal-Register of Springfield, Illinois has more on this incident here.
This question of the value of a pet will continue to evolve and be debated in the public and within the courts.
Personal property or a family companion?
Choose Your Pet Caretaker Carefully
One of the key decisions that you need to make when you set up a trust for your pet, is who should serve as the animal caretaker and then the alternate caretaker, if the original is unable, for whatever reason, to be able to perform their duties.
The most obvious choices are a friend that is familiar with your pet or another family member.
Secondary options may include a local breeder, animal sanctuary or even your pet’s veterinarian.
Recently, a number of animal sanctuaries, also called pet retirement homes, have emerged that will provide care for an animal until its demise. These facilities vary greatly in terms of the environment they provide, the cost of placing an animal within the sanctuary and the type of compensation that they will accept. For example, some sanctuaries may accept only cash donations, while others are willing beneficiaries of a charitable remainder trust.
These animal sanctuaries or retirement center may be cost prohibitive or require a specific donation amount before they will accept your pet.
Estate planning for you and your pets is exactly that, the need to plan.
Start the New Year off right.
