Protect Your Pet At All Times
No matter how much you love your pet.
No matter how much to want to protect them.
No matter what your position in life.
Remember that your pet and your pet’s safety is your responsibility.
This tragic story is a very painful reminder.
A person who has an obvious love for animals failed to observe these simple rules and as a result, their pet suffered the consequences.
Read the entire story of this tragic death:
"A member of the Richmond SPCA family has been struck with a personal tragedy in recent days. While this matter is deeply personal, it has gained attention of local media; therefore, we would like to share with you directly what has been a source of enormous grief for our CEO Robin Starr and her family.
Last Wednesday, the Starr family lost a dear companion in their 16-year-old dog Louie. Sometimes Louie accompanied Robin to the office on days their home was being cleaned. The morning of August 19, just before Robin left for work, her husband Ed placed Louie inside the rear of her station wagon with the intention of letting her know Louie was there. However, Ed forgot to tell Robin that Louie was in the car. Because Louie – being a docile senior pet – rode silently, lying contently in the back of the station wagon, Robin was unaware of his presence when she arrived at work.
It was not until Robin returned to her car at lunchtime that she saw Louie.
At that time he was alive but in heat stroke. She rushed him inside where the Richmond SPCA veterinary team diligently worked to stabilize him before he was transported to Veterinary Emergency Center for more extensive care.
At the family’s direction, the VEC team made every possible effort to save Louie, but late that night, he died.
Everyone at the Richmond SPCA shares the deepest sympathy for the Starr family, as we realize that such a tragic accident could befall anyone. Louie could not have had a family love him more. We would prefer that the Starrs be allowed to grieve privately, but, since the local news media may not make that possible, we wanted to make you aware of what occurred. We have every confidence that your hearts will go out to the Starrs just as ours do"
Sincerely,
Tabitha Hanes
Community Relations Manager
Richmond SPCA
Owner Guidelines In A Pet Trust
Most pet trusts have some type of guideline, directional or owner intention clause included.
It may or may not be effective as to the trustee, but is considered a declaration of the owner’s desire for their pets.
The following is an example of such a clause:
Without in any way limiting the discretion of my Trustee over distributions of income and principal from this trust, or the placement of my pets subject to this trust, I declare to my Trustee that the primary purpose of this trust is to provide a warm, caring and loving environment for my pets for the remainder of their lives, including good nutrition, and veterinarian care and attention. Preservation of principal is not as important as these objectives.
Discuss this important clause with your attorney when your prepare your pet trust.
It can be a valuable guide for your trustee.
Home Pet Sitter Has Full Access to Your Home.
Obviously, the most common situation is to board your pets when you travel, but more and more animal owners want their pets to feel the security and familiarity of their own surroundings.
I recently had a call from a client regarding pet services that come to your home while you are away.
This client wanted information as to what she should expect with the home sitter as far as a request to access the residence.
A contract might contain the following typical language.
Client will provide ______ with two (2) house keys during the initial appointment. If client only provides one (1) key, a five-dollar ($5.00) key-duplication fee will be assessed. Client’s keys will be returned to Client when services provided have been paid in full. Keys will be returned only to individuals designated by Client on this Contract. In the event that it is necessary for ______to employ a locksmith to gain entry into Client’s home due to a malfunction of the lock or other event outside of _______ control, the Client expressly authorizes _____ to utilize a locksmith, and the Client shall be responsible for all costs incurred. _____ will make every effort to contact Client or Client’s designated Emergency Contact before engaging any locksmith services.
As the home sitter will have full, complete and unattended access to your home while your are away, do your homework as to their professionalism, reputation, references, insurance and bonding issues.
How Much Should I Pay the Trustee of My Pet Trust?
How much should I pay the Trustee of the pet trust for my cat, Belinda? (I realize that I would not actually be around…so I will not be paying!)
Kathy St. Augustine, Florida
Kathy, this is a very complex question.
It will depend upon the amount of duties and responsibilities that you place upon the trustee.
How extensive are the instructions for the trustee?
What is the amount of money in the trust?
How many pets are involved?
One method used is to try to estimate the number of monthly hours that the Trustee will be actively involved and simply pay a fair hourly rate as the monthly compensation.
What Is A Trust Protector For A Pet Trust?
I wrote on Monday about the use of a Trust Protector.
The Trust Protector's role is created by the Trust Agreement and its purpose is to add an additional layer of protection. Usually this person is knowledgeable of the Grantor's financial and personal goals.
Neither the Trustee nor the Trust Protector should be a family member.
The Trust document will set out the role of the Trust Protector, but they will usually include the following powers:
to resolve disputes between co-trustees;
to veto distributions to Beneficiaries and investment decisions;
provide the ability to remove or replace the Trustee;
to change the Trust's situs to take advantage of state law;
to sue and defend lawsuits against the Trust assets.
Discuss the role and responsibilities of a Trust Protector with your legal counsel.
You pet trust can be as expansive or restrictive as you desire.
Can I Trust My Pet Trustee?
What if my Trustee is not operating within the instructions and confines of my pet trust? Who is going to take care of this since I obviously will not be around.
T. O. Indianapolis, Indiana
Many of the trusts that we create have a Trust Protector or a Trust Panel to oversee the Trustee.
In addition, usually the Trust Agreement will provide the necessary steps for formal removal.
Some of the common terms are:
Notice of removal shall be in writing and shall be delivered to the Pet Trustee being removed, along with any other Pet Trustees then serving.
That the notice of removal of the Trustee shall be effective in accordance with its provisions.
The Notice of appointment shall be in writing and shall be delivered to the successor Pet Trustee and any other Pet Trustees then serving.
The appointment shall become effective at the time of acceptance by the successor Pet Trustee. A copy of the notice shall be attached to this agreement.
We will look at the role of the Trust Panel and Trust Protector later this week
What Is The Role Of The Pet Panel In A Pet trust?
I discussed earlier this week the use of a Pet Panel in your Pet Trust.
This panel of individuals is appointed in your Trust and has various duties as you and your counsel shall provide.
Some example of duties as established for a pet panel, as are follows:
Work with the Pet Trustee to select an appropriate Pet Guardian for each pet;
Make the final decision on accepting or rejecting the choice for Pet Guardian;
Review the Pet Trustee’s performance;
Authorize financial bonuses for the Pet Guardian pursuant to the Trust;
Assist the Pet Trustee and Pet Guardian with major medical decisions affecting the health and lives of the pets;
Select a new successor Pet Trustee to replace the then serving Pet Trustee if there are no other Pet Trustees named or if there are none that are willing or able to serve;
Make occasional, unannounced, in-home visits to monitor the care of the pets;
Assist with end-of-life decisions for the pets, including euthanasia, based on the pets' quality of life, pain and suffering, and chances of meaningful recovery.
Your counsel can assist you with a Pet Panel when you complete your estate planning for your pets.
The Helmsley Estate Battle to Continue
I have written and commented on many occasion on the most famous case of the estate of Leona Helmsley.
It is well documented that she left several million dollars to her dog Trouble, and that the bulk of her estate of almost $8 billion dollars was to be used for the care and welfare of animals.
The American Society for the Prevention of Cruelty to Animals is now reporting that they have joined other organizations in filing suit against the Trustees of the Helmsley estate.
The ASPCA website reports:
“Mrs. Helmsley’s Trust Agreement was clear: Help dogs. And the Trustees have not done this, and instead pursued their own agendas with Mrs. Helmsley’s money,” said Wayne Pacelle, president and CEO of The Humane Society of the United States. “Every person with a will or estate, and every charity that relies on bequest income, should be profoundly concerned about this misdirection of funds.”
You can read the entire story here.
Certainly, with the amount of money that is involved, this is not a controversy that will end soon.
The result of this legal battle will have a lasting affect on all estate planning for all animal owners.
Bonding Issues in Pet Trusts
I recently received a question at a Continuing Legal Education presentation on Estate Planning for Animal Owners about bonds in pet trusts.
Obviously, in almost all will and trust documents there is a requirement for the purchase of a monetary bond.
Usually the executor of an estate must purchase a bond when the estate is open. The purpose of this bond is to protect the creditors and more importantly, the intended beneficiaries.
If the executor fails to pay a bill, claim, or distribute any monies under the will as required, the bonding company will be forced to step up and pay the aggrieved parties.
In a pet trust, the Trustee is controlling the money and generally pays the bills on behalf of the caregiver.
The caregiver is generally never directly involved with the funds or the disbursement of monies from the trust and therefore is not in a position to abscond with the money.
The trustee, who is generally bonded or is a commercial financial institution, is the responsible party.
What About An Alternate Caregiver For My Cats?
I have found that is it difficult enough to find someone that I trust that can be a good caregiver for my three cats, Curly, Larry and Moe. It is nearly impossible to think of an alternate caregiver. Any suggestions?
Betsy Lynn Las Vegas, Nevada
Betsy, you are correct. The choice of a caregiver for your cats is like appointing a guardian for your children.
Remember, usually the caregiver will have to sign some type of agreement, contract or document prepared by the Trustee stating that they will provide the proper care for you cats, before the Trustee will even release your pets to the caregiver.
Some people allow the appointed Trustee to nominate an alternate caregiver, if it becomes necessary.
One other method, is to appoint an animal care panel of your friends or family and give them the duties and responsibilities of appointing the alternate caregiver.
No matter what method you choose, this is not an enviable task.
Will a Kennel Provide Emergency Care For My Dog?
I am going to put my dog Ralph, in a kennel while I go on a short business trip. What will happen if he needs medical care while I am away? What if there is an emergency and I am not immediately available?
Tommy Ames, Iowa
Tommy, most kennel contracts will cover these contingencies by providing that they are authorized to perform everyday care and services including, but not limited to, requests to administer specified medications.
In the event of an emergency, the kennel must use reasonable judgment in caring for your dog.
There is also usually a clause in the contract that states that if medical attention is necessary and a specified veterinarian is unavailable, then you expressly authorize the facility to seek emergency veterinary care.
You can also give an emergency medical power of attorney to someone for Ralph, that you trust, while you are gone.
Our experience has been that most facilities that care for animals on a long term basis are very good with their medical attention.
Good luck on your trip.
Why Do Pet Owners Complete Estate Planning For Their Pets?
Why do pet owners complete estate planning for their pets?
How much do owners like their pets?
A recent survey found that there are approximately 130,000,000 pets in the United States.
Some seventy-five percent of all Americans own a pet.
Forty-four percent of all cats receive Christmas presents.
Moreover, more people spend time reading the nutritional labels on food for their pets than for their own food.
Any other reasons estate planning for pets is a growing field?
Animal Document Can Be A Life Saver
I recently received a call from a blog follower asking what information should go into an animal document.
An animal document is quite simply, just a separate document that should contain personal information about your pets such as the name, age, size, description, type and any identifying marks of your animals.
You need to obviously have all of your contact information (name, address, phone, cell phone and email) along with any special need instructions or medical care for your pet and the name and location of your veterinarian and an emergency person to contact.
The card is to be used in case you, as the owner, become injured or incapacitated and cannot care for your pets.
Your animal document should be kept in the same location as you keep your other estate planning documents and this location should be disclosed to those closest to you.
This simple document can literally be a life safer for your pet.
