Use Trusted Professionals for Your Pet Trust
I want to provide the necessary estate planning after I am gone, for my Cat, Casey. I recently saw that Legalzoom.com offers online pet trusts. Would one of these trusts be adequate to protect Casey?
Cyndi Bonita Springs, Florida
I certainly cannot speak to the quality of any Legalzoom.com document or its preparation or accuracy.
I have never used the service.
I did visit the site however and read an article by a Tiffany Knight.
Part of the article reads, “But one word of caution: laws concerning pet trusts differ from state to state. Specific legal language is required to establish an enforceable trust for a pet's care. The following 19 states have adopted specific language on animal trusts: Alaska, Arizona, California, Colorado, Florida, Iowa, Kansas, Michigan, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Tennessee, Utah and Washington.”
On the other hand, Professor Gerry Professor Beyer who is on the faculty of the Texas Tech University School of Law, as the Governor Preston E. Smith Regents Professor of Law, and one of the experts in estate planning for pet owners notes that some 43 states and the District of Columbia have some form of statutory pet trust.
I would personally put my faith and trust in the writings of Professor Beyer when considering the use of their service.
But, that is simply my opinion.
New Jersey Court Orders Joint Custody Of a Pet Pug
A New Jersey Court has ruled that a couple, arguing over the custody of their pet pug, would be required to have joint custody.
Eric Dare and Doreen Houseman, who split up after a thirteen-year relationship, had been involved with a three-year court battle over their six year old dog, Dexter.
The case was sent back to the trial court, when the appellate panel ordered a new trial, The panel said that the dog was like a family heirloom, or a piece of fine art, and that the judge should retry the matter, giving weight to what Dexter meant to Houseman and Dare.
In Houseman v. Dare, FM, 08-667-07, the Trial Court then ruled that there would be alternating custody terms of five weeks for each of the parties.
In an interesting twist to the case, the Animal Legal Defense Fund of Cotati, Calif., had advocated for a best-interest-of-the-pet standard. However, the New Jersey Court declined to accept such a standard.
Another move forward in the field of pet law?
Sometimes, pets are being treated more like people than possessions.
Top 50 Blogs For Animal Owners
I would like to give a big shout out and THANK YOU to the Pet Gazette.
This blog, written by Jimmy Atkinson, recently listed it's choices for the Top 50 Blogs For Animal Owners.
Our very own Pet Trust Law Blog was among the Top 50 and Jimmy writes, “If you’re a pet owner, you can learn about the well being and future planning for your pets along legal lines, including estate planning for pet owners and pet trusts."
The list contains many valuable and useful sites.
Visit Jimmy’s blog often and made sure that you check out his Top 50.
A Tax Deduction For Pet Care Expenses?
You probably missed this one!
Last month, House Bill 3501 was introduced into the United States House of Representatives.
The Humanity and Pets Partnered Through the Years (HAPPY) Act, introduced by Congressman Thaddeus McCotter, of Michigan would amend the Internal Revenue Code to allow individuals to deduct up to $3,500 per year, for "qualified pet care expenses.”
The Bill applies to all legally owned, domesticated, live animals.
The Bill also provides that Congress finds, “According to the 2007-2008 National Pet Owners Survey, 63 percent of United States households own a pet. The Human-Animal Bond has been shown to have positive effects upon people’s emotional and physical well-being."
We all spend a lot of money on our pets.
We all could use a tax break.
Call you Representatives and Senators and tell them to back this bill.
Want to Adopt A Cat?
What a great idea.
The Michigan Humane Society is trying to promote its pet adoption program.
To gain more interest in the process, the Society is offering a Catfax for Certified Pre Owned Cats.
A Catfax provides the prospective new owner with a full history of the cat to be adopted.
According to "Allie" at the Oast & Hook Law Firm, "The Michigan Humane Society’s adoption program is called “Catfax,”and allows would-be owners to get the history of their “new” cat before they adopt. The ad campaign for the program features a poster offering “Certified Pre-Owned Cats, 0% down, 0% financing, no payments! Cats 4 months and older. For a limited time only. Other fees may apply.” The cats come with a free “multipoint inspection” including spay/neuter surgery, vaccinations, behavioral evaluation and grooming. The program and its ad campaign are an effort to draw attention to the problem of large numbers of adult cats looking for homes. The summer months bring many new kittens to shelters, making it more difficult for adult cats to find homes."
If you are interested in their program, visit the Michigan Humane Society website.
This may be just the program for you.
Your Bank May Not Be The Best Choice as the Trustee Of Your Pet Trust
Many clients ask if they should appoint some one from their bank to be the trustee of their pet trust.
I recently spoke with a trust manager of a major financial institution.
She advised that in most circumstances they would be unable to act in that capacity.
Reasonable financial and reporting constraints prohibit most financial institutions from performing in this role.
Most of the trust funds that they administer run into the millions of dollars and their fees are thousand of dollars per year.
Not a good choice for most pets trustees.
Consider your accountant, your attorney or another trusted person for the role of trustee for your pet trust.
How Much Do I Pay the Caregiver in My Pet Trust?
How much should I pay the caregiver of my pet trust?
Betsy Naples, Florida
Betsy, this is a very good question and one that I cannot easily answer.
You obviously need to make some type of arrangement in your pet trust for payment to your pet’s caregiver.
The amount can vary greatly.
It depends upon the number of pets in the trust, the expected duration of the life off the pets, the relationship between you-the caregiver-and the pets and the expectations of duties and responsibilities that you place upon the caregiver.
The fee may be as small as a few dollars every week or can increase to several hundred dollars per month.
Remember, that no matter how much the caregiver likes your pets, it is still a chore for them to provide this service.
Discuss the potential caregiver fee with your attorney, pet panel and maybe even your trustee.
Update Your Estate Plan For Your Pets
I had a recent question, at a seminar for estate planning for animal owners that applies to many people.
A couple had established a pet trust that appointed the local humane society as the caregiver for their pets. Unfortunately, this facility was now some 3,000 miles away.
They were concerned about the costs and timing of the transfer of the pet to this facility.
They also had questions about the validity of their existing trust because they now lived in another legal jurisdiction.
When you change your residence from one state to another, you should contact a local attorney to review your current estate plan.
You need to be sure that it conforms to the laws and requirements of your new home state.
Each state has their own laws governing estate planning and that includes your pets.
Keep your estate plan current.
California Court Rules That Deceased Pet Has Only a "Market Value"
Although some state have, for decades, awarded owners of companion animals putative or emotional damages for the loss of a pet, a recent California Appellate case states that the law does not recognize any “peculiar value” of a pet.
In the case of McMahon v. Craig, No G040324, slip op at 2 (Cal. Ct. App. July 31, 2009), a veterinarian was sued after the owner’s Maltese died of aspiration pneumonia, while under the care of the vet.
McMahon alleged that the vet acted in a negligent manner in the treatment of her dog.
The California Appeals court ruled that the plaintiff “was neither a witness nor a direct victim of [the] defendants’ negligent acts” and thus could not obtain emotional distress damages for negligence and it also limited proof of special value to those attributes “evidenced by the original cost, and the quality and condition at the time of the loss.”
The Court essentially ruled that the “market value” and any “special value” of a pet are one and the same.
Try telling any pet owner that the value of a lost pet is simply, the "replacement cost."
A New Estate Plan For Pet Owners
I am always looking for new, different and innovative types of estate planning for animal owners to protect their pets.
Pet trusts are the most common form of planning.
They are straightforward and mainstream, if not difficult to comprehend.
However, I recently came across another type of estate planning for pet owners.
If you are a firm believer in the rapture (The rapture is belief that is almost exclusively confined to conservative Protestants. It involves Jesus Christ returning from Heaven towards earth. In violation of the law of gravity. Saved individuals -- both dead and alive -- are expected by believers in the rapture to rise up in the air and join Jesus in the sky) you may want to check out the website, eternalearthboundpets.com.
If you prematurely leave this sphere in the rapture, what happens to your pet that you leave behind?
Well…Eternal Earthbound Pets says:
"We are a group of dedicated animal lovers, and atheists. Each Eternal Earth-Bound Pet representative is a confirmed atheist, and as such will still be here on Earth after you've received your reward. Our network of animal activists are committed to step in when you step up to Jesus.
We are currently active in 20 states and growing. Our representatives have been screened to ensure that they are atheists, animal lovers, are moral / ethical with no criminal background, have the ability and desire to rescue your pet and the means to retrieve them and ensure their care for your pet's natural life."
You can check out their service and prices here.
I am not passing judgment or their ideology or their ideas, just offering you another alternative type of estate planning for animal owners.
You cannot be too prepared!
Enjoy Labor Day with Your Family and Your Pets
Today is labor Day.
A celebration of the American worker and their strength, knowledge and perseverance.
Even in these tough times.
Enjoy today with your family and your pets.
Forget your job.
Forget your 401(k).
Forget the economy.
Have a picnic.
Take a hike.
Go to the beach.
Have a bar-b-que.
Enjoy and relax...
Is Pet Cremation Legal In Maine?
I recently received this anonymous question: I am trying to find laws that regulate pet cremation both federally and state. I live in Maine and I am trying to research what is needed for a license to operate a cremation service, as there is not one locally in my area?
In almost all instances, burial and cremation laws are state and not federal specific.
Pet cremation is legal in Maine, but one would need to consult with their attorney on this
business.
Like any business or occupation, pet cremation is covered by specific statures that must be followed.
Call your attorney, they can provide the necessary guidance to enter into this business.
A Pet Guardian Instead of a Pet Trust?
I want to write a pet trust for my three cats, Curly, Larry and Moe.
However, I do not have anyone that I can trust to be the Caregiver.
Is there an organization that you could recommend for this position?
Kathy Seattle, Washington
Kathy, Most local Humane Societies will perform this duty for your pet.
In Seattle, the Seattle Humane Society provides this service. It is called the Seattle Humane Society Pet Guardian Program.
According to Brenda Barnette, CEO, their Pet Guardian Program,”provides animal lovers with the peace of mind and the guarantee that we will be there for their beloved companions when they are no longer able to care for them due to disability or death.”
The Pet Guardian Program is a free service for Seattle Humane Society adopters, volunteers and donors who specify in their wills or trust documents that their pet.
She also makes the following recommendations:
• Prepare written instructions including the pet's likes and dislikes and the name of the pet's regular veterinarian,
• Update the instructions every six months and keep them in a safe place,
• Make arrangements with a trusted friend, relative or designated caregiver to transport the pet to the Seattle Humane Society when the time comes.
For further information, visit their web site here.
