If I Have A Pet Clause In My Will, Does It Still Need To Be Probated?
Sometimes I speak in lawyer language and not English.
Recently a reader asked for a laymen’s definition of the probate process.
If you have a will with a pet trust clause, that will needs to be probated.
I have written before that when an individual dies, their bills must be paid and their assets distributed.
If they die with a will (testate), then the will must be taken to the Probate Court, accepted as a valid document and filed with the Court.
If someone dies without a will (intestate) then each state legislature has established laws to determine who will receive their assets.
In either case, a Personal Representative is appointed and that individual is responsible for collecting all of the deceased assets, paying their final bills, including any taxes due, and then distributing the property, as directed by the will or the legislature.
All of this is subject to the overview and approval of the Probate Court.
The entire estate process can take from a few months to years, depending upon the state laws and the estate.
Estate administration can be simple or complex, but must generally follow specific rules and regulations and you should consult competent counsel for your assistance and protection.
What Is The Role Of The Pet Trustee?
I had an extensive conversation this week with a local attorney regarding the scope of duties of a Trustee in a Pet Trust.
I have previously written about the role of the Trustee as follows:
Generally speaking, the duties and responsibilities of a Trustee for a Pet Trust are no more or less than any other Trustee.
The Trust Agreement itself will set out the specific role of the Trustee and set the parameters of the powers of the Trustee.
The Uniform Trust Code also defines in detail, the duties and powers of the Trustee that have been accumulated as established by the courts and the legislatures throughout the years.
Beginning with Section 801, DUTY TO ADMINISTER TRUST, which states…
Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this [Code].
The Code sets out in great detail the expectations of the Trustee, including definitions and explanations of the needed loyalty and impartiality of the Trustee as well as the accumulation, control and accounting of the Trust property.
Your choice of a Trustee for your Pet Trust, whether an organization or an individual should not be taken lightly. Although their responsibilities are set high and can be closely monitored by your Pet Caretaker, you will be out of the picture and the decisions will be made by someone else
You will no longer have control of the property that you have set aside for the care and protection of your pet.
Chose your Pet Trustee wisely.
Can Your Will Provide for Euthanasia for Your Pets?
We have written often on euthanasia for your pets, but I continue to receive inquiries on this issue and will preparation.
Many times, a provision in a Will directing that an animal be euthanized upon the death of its owner, have been invalidated by the courts of the various states.
While pet owners continue to try to protect their animals, their wishes are not always followed.
If you are determined to provide for euthanasia for your pet, some will clauses may persuade the Courts that you really have the best interest of your pet at heart.
In these cases, it is preferable to specify in a Will that the pet be cared for by the Executor or a friend for a specific period of time and also ask that this person attempt to find a good home for the pet.
After a specified reasonable period of time, if the attempt to place the animal is unsuccessful, you would then request that the animal may be euthanized.
A Court may be less likely to overturn such a provision.
Hopefully, you will reconsider your decision and allow your pets to live the duration of their natural lives.
Can Your Will Provide for Euthanasia for Your Pets?
We have written often on euthanasia for your pets, but I continue to receive inquiries on this issue and will preparation.
Many times, a provision in a Will directing that an animal be euthanized upon the death of its owner, have been invalidated by the courts of the various states.
While pet owners continue to try to protect their animals, their wishes are not always followed.
If you are determined to provide for euthanasia for your pet, some will clauses may persuade the Courts that you really have the best interest of your pet at heart.
In these cases, it is preferable to specify in a Will that the pet be cared for by the Executor or a friend for a specific period of time and also ask that this person attempt to find a good home for the pet.
After a specified reasonable period of time, if the attempt to place the animal is unsuccessful, you would then request that the animal may be euthanized.
A Court may be less likely to overturn such a provision.
Hopefully, you will reconsider your decision and allow your pets to live the duration of their natural lives.
Common Household Items Can be Fatal To Your Pets
If you dog is acting puny and weak today, did you offer a bite of your Super Bowl nachos with cheese, garlic and onions during the game yesterday?
It might easily have caused a poisonous reaction.
Although almost 25 percent of all poisons ingested by pets are some form of human medications, usually ibuprofen, acetaminophen and antidepressants, there are other common types of poison for your pets.
Many items commonly found around your house can be harmful.
Go here to see the rest of the top ten banned items.
