Domestic Protective Order Can Include Animals and Pets
The lines between human and animal law seem to be narrowing in more and more areas.
I recently attended a Continuing Education Class on Animal Law.
I was intrigued to learn that some states (California for one) have statutes that provide, as a part of a protective order in cases involving domestic violence, that the Court may grant exclusive possession, care or control of any animal owned, possessed, leased or kept by either the injured party or a minor child residing in the residence.
The Court may also order the offending party to stay away from the animal and forbid that person from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming or otherwise disposing of the animal.
Powerful legal tools.
I will have some additional new information later this week.
Tax Issues With Pet Trusts
Are there any tax concerns to address with estate planning for animal owners?
Dottie Piqua, Ohio
Dottie, indeed there are…
We always recommend that you involve your CPA or tax adviser when you are planning for your pets.
Depending upon the type of trust or will clause that you use and the state where you reside, there may be gift, income, inheritance or estate tax consequences involved with this estate planning.
These various taxes may be assessed against either the Settlor of the Trust, the Trustee, the Caregiver or the Estate, via the Executor.
Careful tax planning is essential with any form of estate planning.
How Many Pet Owners Actually Prepare Pet Trusts?
How many pet owners actually prepare and actually implement pet trusts?
Pam Atlanta, Georgia
Pam, this is a good question that is a little difficult to answer, as most people do not want to appear to be unprepared or dilatory and may not respond truthfully when questioned about these issues.
However, the best estimates are that only approximately twenty percent of all individuals under the age of fifty have prepared estate plans for their business and families.
Moreover, the same surveys indicate that approximate twenty to twenty–five percent of all pet owners have established pet trusts.
Not an especially high percentage, but it appears that pet owners may be more proactive in this area.
Our Site is Featured in Indiana Lawyer!
I would like to give a big thank you to staff writer,Rebecca Berfanger, for her nice story about our blog and activities in the Indiana Lawyer.
The Indiana Lawyer is a weekly publication dedicated to Indiana law and attorneys.
You can see the entire story here.
Yes, the story is about me, even though she refers to me as Dan Meeks, throughout the story.
Bad publicity is better than no publicity.
Thanks again.
Pet Programs For Hospice Are Worth a Second Look
I recently wrote a posting on the Pet Peace of Mind hospice support program, as a portion of the Banfield Charitable Trust.
I received a nice email from Dianne McGill, the Executive Director and CEO of the Trust.
She wrote, in part…
"Thanks for the nice mention about our new Pet Peace of Mind hospice support program on your site. If you happen to mention us again, here's a link to our web pages so your readers can learn more about the program."
If you are interested, go to their site and read more information on the program.
Check Out Your Pet's Groomer
I recently received an email from one of our readers warning about animal groomers.
She advised that owners should be careful of the groomers that they use, as many are not licensed or qualified and can cause harm to your pets.
She wrote…
"I was reading your blog and thought you should be aware of something so you can tell your readers. I have some very heartbreaking news to tell you today, but luckily there is something we can do. In Canada, there have been a number of cases of reported Animal Cruelty within the dog grooming community, including one specific case that is outlined on this website. They claim that a former prostitute decided to open up a grooming shop, and not only did a dog pass away immediately after she worked with it, but apparently she also lied about where she was boarding dogs for weekends, leaving them to just wander unattended in her shop! This next part may be difficult to hear, but there were also reports of dogs being beaten when they were groomed :-( It breaks my heart to hear about stories like this, but this site is going to make a law in Canada so that they can have dog groomers licensed!
Regardless of anything else if it can help stop animal cruelty then I would sign their petition in a second! The website is http://www.paulahatton.ca for those who want to sign."
A very concerned,
Tasha Smith
Check out the site for further information and do your own homework where you pets are concerned.
New Helmet Law for Horse Riders in Florida
Florida is the land of Hurricanes, Gators and Seminoles.
If also is the land of many horses.
Almost 200,000 horses by some estimates.
The Florida legislature recently passed a new law that will require that most people under the age of 16 wear a helmet when riding a horse on public lands.
HB 169 provides:
That a person under the age of 16 must wear a helmet when riding a horse on public lands. The requirement does not apply if the person is registered to compete or perform during a show or event, if the person is riding a horse on private property, or if the person is engaged in an agricultural related activity.
The bill also prohibits parents from allowing children less than 16 years of age to ride horses on public property without a helmet. Similarly, the bill requires anyone renting a horse to be ridden by a person less than 16 years of age to verify the underage person has a helmet or provide the person with a helmet. A person violating this provision is guilty of a noncriminal violation, punishable by a $500 fine plus applicable fees and court costs.
This bill’s effective date is October 1, 2009.
Better check with your state laws regarding the safety issues of horse riders.
Especially, the younger riders.
Our Site is Featured on www.BankRate.com
I would like to take the opportunity to thank writer Sheyna Steiner for the nice mention of our blog in her recent article on financial planning for cat and dogs at www.Bankrate.com.
Part of her story is as follows:
Unfortunately, a large number of attorneys involved in estate planning are also unaware of the option of providing for companion animals, Meek says.
"It's hard to believe that a lot of attorneys are still unaware of this, but we're educating them more and more on it," he says. "Clients get most of their education from the professionals who are helping them out."
Go to their website for the full article and some grate information on pet insurance as well.
Thanks, Sheyna!
Looking For a Solid Trustee for Your Pet Trust?
I recently had the pleasure of presenting a Florida Bar CLE class entitled “Estate Planning for Animal Owners,” to a group of attorneys, animal lovers and supporter of the Humane Society of Naples.
The gracious host was Jennifer R. Figurelli of Comerica Bank.
As you are aware, I do not endorse pet products, websites or promoters.
However, Jennifer is a true animal lover, a Trustee of a pet trust and just happens to be a Vice President and a Trust and Estate Administrator for Comerica.
If you have any questions on the administration of your pet trust or are considering the appointment of a pet trustee, you should be confident of any assistance that Jennifer can provide.
Connecticut Set to Become the Forty-First State To Approve Pet Trusts
I have written extensively on the proposed legislation regarding the new Connecticut Pet Trust here, here, here and here.
Well, the new bill has finally been passed out of the state legislature and only awaits the signature of the governor to become a law.
The trust is very comprehensive and even includes a provision for a trust enforcer.
You can read the entire statute here and welcome Connecticut as the forty-first state to have a Pet Trust.
Hurricane Season Is Here Again
Our good friend Patricia Collier, at FloridaPets.net, gives us her yearly reminder that hurricane season is here once again.
She provides the following tips for you and your pets:
BEFORE THE STORM
Prepare a hurricane kit for your pets to include:
____1. Secure pet carriers for cats and small dogs and sturdy leashes/harnesses for larger dogs and appropriate-sized crates or cages for other type pets such as reptiles, birds, etc.
___2. Place medications and medical records, including proof of current vaccinations, in a waterproof container.
___3. Check and see if your vet provides something like a laminated card with proof of current vaccinations at each annual visit which can be used at motels and hotels in case evacuation is necessary.
___4. A two week supply of any medication your pet may be taking on a regular basis and familiar food and water. Also take bowls and a manual can opener.
___5. Cat litter/pan, extra litter and a litter scooper.
___6. An information sheet including: medical conditions and treatment schedule if needed, feeding instructions, name and phone number of your veterinarian or a kennel outside your area in case you need to board your pets - an arrangement which is, of course, not going to be your first choice. Trust us, it's simply safer to keep your pet(s) with you during times of disasters.
___7. Current photos of your pet(s) in case they get lost. Also, be sure each of your animals have name tags, rabies tags, etc., securely fastened to their collars. Important Note: When planning to evacuate, attach the phone number and address of your temporary shelter or of a friend/relative outside the affected area to the back of your pet's ID tag.
___8. Portable pet beds, a familiar blanket, and lots of toys.
___9. Plan ahead to have a safe place to take your pets because public shelters, like the ones operated by the Red Cross, do not allow family pets. Service dogs are an exception.
To see the rest of her tips, visit her website here and begin to plan for you and your pets.
Our Site is Featured on Real Lawyers Have Blogs!
I would like to thank Kevin O’Keefe and his recent post on Real Lawyers Have Blogs, that featured our very own blog.
Lisa Kennelly wrote;
“There are unique blogs, there are niche blogs, and then there's Florida estate planning attorney Danny Meek's Pet Trust Law Blog.
His area of expertise, in estate planning for pet owners, is so distinctive that even other lawyers are often unaware of this field of law. But it works out perfectly for his blog, which is an incredible resource for questions of pet trusts, will provisions and other queries that likely would not be answered anywhere else.”
You can read the entire story here.
And once again thanks for the shout out and the recognition.
