Adopt A Pet and A Plan This Holiday Season
As we head full steam into the holiday season, I am reminded of what a friend and reader wrote to us just about one year ago.
"Pets have been proven to have positive mental and physical health benefits for the elderly. But often senior citizens forgo this benefit for fear their pets will be killed upon the owner's death. Pet trusts give peace of mind to the elderly and also help reduce the number of homeless animals. Getting old is hard enough. Why deny this comfort to the elderly? Maybe those who disagree are greedy relatives who hope to get something for nothing."
Maybe adopting a rescue animal would be a good thing for your family.
Nice, cheap present for Christmas?
And then prepare a nice pet trust for peace of mind.
Anyone Plan To Use Pet Airways?
With the holiday season approaching, we are thinking of using Pet Airways to transport our Boxer, Bennie. Do you have any experience with this airline?
Tom Batesville, In
Tom, I have not personally used Pet Airways, nor do I know anyone that has used this service.
They state that they now serve nine different cities and all of the pets travel in the cabin.
You can check out their website here and decide for yourself if this is something that you want to use.
Any readers have any experience with Pet Airways?
If so, let us know about your thoughts.
Estate Planning For Pets Includes Year End Gifting
Gifts come in all shapes.
Many pet lovers are now engaged in year-end planning for charitable gifting to their favorite animal charity or non-profit organization.
Remember, that gifts can be made in a variety of ways.
- A cash contribution by check (for receipt purposes) is still the most popular.
- You can also give a gift by using your credit card.
- You may pledge to give a gift at some time in the future.
- You may transfer tangible personal property.
- You may transfer real property.
- You may gift securities.
Plan your year-end charitable giving now and your tax return next April will look better to you.
A Pet Trust Or A Clause In A Will?
I am often asked about the difference between a pet trust and the use of a will for estate planning .
Clearly a statutory pet trust is more easily enforceable than a general will clause.
An example of such a will clause is as follows:
...I give my cat, and any other animals that I may own at the time of my death, to Bill presently residing at 123 Main Street, Nowheresville, PP, with the request that he treat them as companion animals. If he is unable or unwilling to accept my animals, I give such animals to Bob, presently residing at 124 Main Street, Nowheresville, PP with the request that he treat them as companion animals. If he is unable or unwilling to accept my animals, my Executor shall select an appropriate person to accept the animals and treat them as companion animals, and I give my animals to such person.
I direct my Executor to give $1000.00 from my estate to the person who accepts my animals, and I request (but do not direct) that these funds be used for the care of my animals...
You will note that the money goes directly to the caregiver and the clause only requests that the funds by used for the care of the animals.
Not very strong.
Remember over forty states have a statutory pet trust on their books. A much more effective and efficient document for your pets.
Comcast Celebrates Pet Adoptions
It is always good to have a heart warming animal story and I have one to share today.
This week, Comcast is celebrating National Animal shelter Appreciation Week.
According to a new release by Jacky Agudelo of Cataldi Public Relations;
...Each November, the human-animal bond is celebrated with National Animal Shelter Appreciation Week. This week-long public awareness campaign (Nov. 7-13) is designed to honor and promote the important role shelters play in our communities and to increase awareness of animals waiting to be adopted at shelters across the nation. This year in Sacramento, Comcast’s series Pet Adoptions On Demand, has profiled hundreds of dogs and cats in local animal shelters, giving them the chance to have families to care for them.
Since Comcast launched Pet Adoptions On Demand in 2006, over 32,000 adoptable pets at over 100 shelters have been featured in video profiles. In Sacramento alone, 1,185 pets have been profiled in On Demand promotional videos to help them find nurturing homes, through Comcast’s On Demand services and in conjunction with the hard work of loving local animal shelters including Animal Rescue League, Cats About Town Society and Yuba County Sheriff's Animal Care Services...
Every month in 27 cities, Pet Adoptions On Demand airs up to 30 profiles of adoptable animals living in shelters, which Comcast Digital video customers can watch any time with the click of a remote. Each short video tells a prospective adoptee everything they need to know about their furry star – including its name, tag number, history and temperament. The series also lists phone numbers of local shelters so that individuals can call to find out more information, arrange an in-person visit or learn more about the shelter’s services..."
Check out this series and adopt your favorite pet.
The Need To Revisit A Replevin Action For Your Pets
We recently received another inquiry regarding the use of a replevin action for a pet.
A writ of replevin is a prejudgment process ordering the seizure or attachment of an alleged illegal taking or wrongfully withheld property, goods or chattle (any kind of personal property).
The action of replevin dates all the way back to the common laws of old England and was first used in the thirteenth century. This type of writ is commonly used to take property from an individual wrongfully in possession of that specific property and return it to its rightful owner.
We have discussed on many occasions the evolution of the status of pets and companion animals. They originally were clearly identified as the “personal property” of their owners in the eyes of the Court. But now, in most circumstances, they have been elevated to a higher position.
In many situations, the attorney for the owners have determined that it is necessary to file an action to demand the return of “personal property” if a pet has been wrongfully taken or detained.
There may be no other legal remedy available.
The Sacramento Bee on Pet Trusts
I would like to give a big thank you to writer Claudia Buck of the Sacramento Bee.
She recently authored an articled entitled,” Personal finance: legal trusts provide for pets after owner dies.”
Ms. Buck was kind enough to interview me regarding my thoughts and some opinions on pet trusts and even used some material for the article.
You can read the entire story here.
Thanks again to Ms. Buck for providing the opportunity to spread the word on the growing usage of pet trusts.
What Is The Pet Care Trust Foundation?
Do you know anything about the Pet Care Trust?
Tommy St. Simons Island, GA
Tommy, according to their website, “The purpose of The Pet Care Trust is to promote public understanding regarding the value of and the right to enjoy companion animals, to enhance society's knowledge about companion animals through research and education, and to promote professionalism among members of the companion animal community.”
Their Mission is “To promote humane and responsible care and treatment of companion animals; to focus national attention on the important and vital role which responsible companion ownership places within society; to provide funding for research, special projects and education programs; to improve animal health and welfare; to support human-animal interactions and bonds; to assist the public understanding of the role of the pet industry.”
One of the most popular programs is Pets in The Classroom, where fund monies are available for teachers. The money is used to buy pets for every day school classrooms. The goal is to expose young students to the life and care of pets. Grants are available to purchase pets, their supplies or their food.
Check out their entire site here.
