No Pet Trusts in Connecticut
I live in Barkhamsted, Connecticut and have a two year old Otterhound named Oscar. Can you tell me if my state recognizes pet trusts?
Kacey
Kacey, we went straight to the source on this one.
According to Sandra Norman-Eady, Chief Attorney, during the 2005 regular session of the Connecticut General Assembly, an Act Concerning the Creation of Trusts for the Care of Domestic Animals, was introduced to the legislature.
“The bill authorized trusts for the care of domestic animals that are alive when the person who created the trust dies. It allowed a natural person, corporation, limited liability company, trust, partnership, incorporated or unincorporated association, or any other legal entity to be selected as trustee.
Under the bill, the trust would have terminated on the earlier of the following occurrences: (1) when the animal died, or if the trust was created to provide for the care of more than one animal, when the last surviving animal died; or (2) 90 years after its creation.
A person appointed in the trust could enforce it. If no one was named, the bill allowed a court to appoint someone to enforce it. It allowed a person having an interest in the animal's welfare to ask the court to appoint a person to enforce the trust or to remove a person appointed.
The bill specified that trust property authorized to care for an animal could be applied only for its intended use, except to the extent the court determined that the trust's value exceeded the amount required for the intended use. Except as otherwise provided in the trust, property not required for the intended use had to be distributed to the settlor, if living. (A settlor is the person who creates a trust and transfers property to it. ) Otherwise, it had to be distributed to the settlor's successors in interest. The bill permitted a trustee to be designated as the person who received the trust assets when the animal the trust benefits died.
The bill was referred to and voted out of the Judiciary Committee. However, it ultimately died in the Judiciary Committee upon recommitment by the Senate.”
No additional legislation has been passed in this area.
Therefore, Connecticut remains in the minority as one of only eleven states that does not recognize a statutory pet trust.
We have written before however, here , that you can still provide for your pet's future with an inter vivos trust or with a will provision in your current estate plan.
Contact your legislators if your want Connecticut to join the main stream of thought in this area.
With or without a statutory pet trust, you can do estate planning for your pets.
It is the responsible thing to do.
Pet Power of Attorney or Health Care Proxy?
If I already have a separate Power of Attorney for my six year Dalmatian, Danny, do I really need a Health Care Proxy? To me it just seems like a duplication of paperwork and excess money to spend.
Beau Aliceville, Alabama
Beau… good question.
Your Power of Attorney can specifically acknowledge ownership of any of your pets, provide identification via a v-chip or natural markings and set out in great detail the exercise and feeding habits of Danny (good name by the way). If you become incapacitated, the Agent named in the Power of Attorney will know exactly what regime to follow.
Your Pet Power of Attorney should also grant the Agent the sole and exclusive right to take temporary custody and control of Danny or to appoint someone else, perhaps better equipped to do so. This alternate may be your Vet or a pet hospital.
You need to provide for some type of access to money for the Agent, to take care of your pet when you are unable.
As to your specific question, although I have never personally encountered this problem, I have heard of a situation where a Vet for whatever reason would not accept the Power of Attorney appointment as providing the necessary consent for medical treatment. The Vet advised that he would have treated the animal in an emergency situation, but not otherwise.
As you are aware many individuals have both a Power of Attorney and a Health Care Declaration appointment in their estate planning package for someone to make medical decisions on their behalf for exactly this reason...so there will be clarity and no indecision of treatment.
Perhaps, as out pets move more into the family circle, we will need to provide more complete documentation for third party acceptance.
Sometimes change can be good… and sometimes change can…
No Pet Trust In Delaware?
Although pet lovers in Delaware have been trying for over five years, the legislature has consistently failed to pass a Statutory Pet Trust in that jurisdiction.
Nevertheless, pet owners in Delaware are not out of options in the event that they want to provide estate planning for their pets.
Professor Gerry W. Beyer is a faculty member of the Texas Tech University School of Law. Professor Beyer is an invaluable source and resource for all involved in the field of estate planning for animal owners. His website is full of updated information regarding this area.
A prolific author and public speaker, Dr. Beyer writes that the “traditional pet trust” is effective in all states, even those without the Statutory Pet Trust.
According to Professor Beyer,” Many pet owners will prefer the traditional pet trust because it provides the pet owner with the ability to have tremendous control over the pet’s care. For example, you may specify who manages the property (the trustee), the pet’s caregiver (the beneficiary), what type of expenses relating to the pet the trustee will pay, the type of care the animal will receive, what happens if the beneficiary can no longer care for the animal, and the disposition of the pet after the pet dies.”
If you live in a state that has not authorized a specific Statutory Pet Trust, you can still plan to provide for the care of your pets with the preparation of the correct legal documents. There are alternate methods that will be accepted and approved by the courts.
Yes Virginia, there is a state Pet Trust
Does Virginia have pet a trust law? I am concerned about my little dog, Alice, who is an Affenpinscher.
Maybelle, Manassas, Virginia
Yes, Virginia…sorry I could not resist…yes, Maybelle, Virginia does have a Pet Trust Statute. However, I have to admit that I knew that, but I had no idea what an Affenpinscher was until I looked it up.
The Animal Welfare League of Arlington Virginia reported that in 2006,
“Virginia proudly joined 37 other states with a pet trust statute. This means that Virginia is also a little late to the game, but at least now Virginians can rest assured that their furry friends will be taken care of in case something ever happens to the pet's guardian. Pet owners may now designate a caretaker for their pet(s) and a trustee who ensures that the money is spent on the pet. Previously, if a pet's guardian passed away and left money in their will to take care of the pet, anyone could contest the provision and the pet could find himself in the shelter -- no cash, no home, no guardian. This statute puts an end to this injustice."
In its 2005 Session, the Virginia General Assembly enacted Senate Bill 891, the Uniform Trust Code (“UTC”), with modifications.
It provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.
The instrument creating the trust shall be liberally construed to bring the transfer within the scope of trusts governed by this section, to presume against the merely precatory or honorary nature of the disposition, and to carry out the general intent of the transferor.
A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court.
Except as ordered by a court or required by the trust instrument, no filing, report, registration, periodic accounting, separate maintenance of funds, appointment, or surety bond shall be required by reason of the existence of the fiduciary relationship of the trustee.
Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use.
Except as otherwise provided in the terms of the trust, property not required for the intended use shall be distributed to the settlor, if then living. If the settlor is deceased, such property shall be distributed pursuant to the residuary clause of the settlor's will if the trust for the animal was created in a preresiduary clause in the will or pursuant to the residuary provisions of the inter vivos trust if the trust for the animal was created in a preresiduary clause in the trust instrument; otherwise, such property shall be distributed to the settlor's successors in interest.
Those of you that are regular readers of this Blog will certainly note that the Virginia Pet Statute outline is very similar if not identical to other state Pet Statutes.
What is next in caring for your Pet?
Is this a vital part of the estate planning process for the future care of your Pet?
Little wool sweaters for your dog.
Diamond studded collars for your little kittens.
Expensive toys, fancy organic, home made foods, private beds, car seats, travel carriages for airplanes...
What is next for your favorite Pet?
Well, according to Mark Nash, the author of four real estate books, the “What’s In, What’s Out with Home Buyers in 2008”, includes pet showers.
That's right, pet showers.
Nash writes that the kitchen or work sink in the garage are out for animal baths.
Dedicated pet showers are an emerging trend. Be it in a mud or utility room, a garage corner or the basement, animal lovers, especially dog owners want a place to clean their favorite pooch after a visit to the neighborhood dog park.
Nash explains that the common dog shower features a 3’ by 3’ shower base surrounded by ceramic tile 4’ up the wall.
Pet showers are all about the convenience for Fido to step in and eliminate the master’s need to lift.
No information has been provided as to how much this little Pet Spa will add to the price of your next home.
What about Crabby?
I am in the early stages of my future planning for my cockatiel, Crabby, who is three years old. I am told the she may well live until her late twenties and I am in my late sixties. Although I love her dearly, like most cockatiels, Crabby is very messy and requires a lot of “hands on” time and I don’t think that she will be easily placed after I am gone. Any suggestions?
Adalina, Ocate, New Mexico
Adalina…we have discussed in this blog on numerous occasions that many individuals choose to have a pet sanctuary or pet retirement center take care of their pets after they pass away.
Perhaps they have no family or friends that are willing or capable of caring for the pets.
One of the downsides of this choice is the cost involved.
We recently spoke with a pet sanctuary and recovery center representative who works for one of the largest sanctuaries in the United States. He advised that the fee for them to take in one pet is $10,000.00 and then an additional $5,000.00 for each successive pet.
In addition, the personal representative of the estate or a family member is responsible for the costs of transferring the pet to the center.
The fee can be paid through a trust or a clause in the will of the pet owner or by a life insurance policy with the center as the beneficiary or obviously, by a straight cash payment.
Arrangements for the pet and the transfer and payment for the services are agreed to in advance.
In exchange for the fee, the center will provide for the shelter and feeding of the animal as well as all medical care that will be needed. They will also attempt to place the pet into a new home as soon as possible.
If you have no other choice, a professional center may be one option for the care of your pet after you are gone.
An expensive option.
How did you become involved with estate planning for pet owners?
I am curious as to how and why you became involved in estate planning for pet owners. I have been a practicing attorney for over thirty years and although it was in the corporate field, I have never met another attorney who even talked about this area of the law.
Mike, Atlanta, Georgia
Mike…my initial interest in this area actually began about seven years ago. Our firm was representing a very wealthy family on all of their business matters and I had been trying for a long time to meet with them to discuss and combine strategic business and estate planning.
They finally agreed and at the initial estate planning consultation conference, the wife, Pam, mentioned that they had two Abyssinian cats and asked what they could do to provide for them in their estate planning.
A young associate who was a part of the conference, burst out laughing and said,” You want to leave a bunch of money to some cats? ”
With that comment, both clients stated that they considered the cats a part of their family and that they would be more comfortable with counsel who understood their feelings…and that they had no interest in continuing with the meeting.
I then began to ask other attorneys if they regularly included pets as a part of their estate planning. Even though many of them were pet owners, not a one of them had even discussed pets with their clients.
With an estimated 65%-75% of all homes in the United States having pets, it was not hard for me to determine that estate planning for pet owners would be an area of growth and future interest for attorneys.
Finally, you might be interested to know that Georgia is one of the few states that does not yet have a Statutory Pet Trust. However, there are other legal methods available to provide for your pets in Georgia and, if you request, we can provide additional information in those matters.
What information does my pet caretaker need?
I have an idea as to the person that I want to appoint as the caretaker for my older Siamese cat, Sammy. Unfortunately, Sammy has some health issues including degenerative joint diseases. What information will the caretaker need in order to provide for my pet when I cannot?
Alva Everglades City, Florida
Alva…After you have carefully chosen the caretaker for your pet, you need to begin to assembly the various pieces of information that you will need to pass along or make available to that individual.
This package needs to be kept in a location that is readily known and accessible (in a safety deposit box at a bank that needs a signature for access is a very bad idea) to your family and the especially, the caretaker.
Cats, suggest that at a minimum, you should consider the following items as information to provide to your caretaker.
• Inoculation and medical records
• Medical conditions
• Spay/neuter certificate
• Veterinarian's phone number and other information
• Special foods and feeding schedule
• Are they an inside or outside cat
• Daily schedule:
what time pet wakes up
any special activities during day
bedtime
• Favorite type of petting or brushing
• Fears
• How to calm a cat when frightened or aggressive
• Where the cat likes to sleep
• Do they travel well in cars
• Will they walk on a lease
• Special play activities that your cat enjoys
• Include something that has your smell on it (scarf or shirt)
• Include photographs from cat's past (this can help bonding with new owner)
This list is by no means complete and certainly you will have additional ideas of your own, based upon the interaction between you and your pet.
Hopefully, the person that you have chosen is already familiar with Sammy and his personality and is willing, if not eager to assume the necessary duties and responsibilities that are required.
Can I put my pet in my will
Can I put provisions for my pet in my will?
I have been reading various articles on the subject of pet trusts. I want to fully provide for my Bengal cat, Bangle, and I already have a will. Can I just add some type of addition to this will to take care of Bangle if necessary?
Cyndi, Indianapolis, Indiana
Cyndi...certainly there are some other alternatives to take care of Bangle besides setting up a Pet Trust. You can leave a direct bequest in your will. But remember that the courts, unlike you, still consider your pets to be personal property and like all of your other assets, they can be left upon your death to a friend or family member.
You can provide for a specific amount of money to take care of your pet and provide specific instructions, to a caretaker, for the care of Bangle. If the caretaker does not provide the appropriate care, then they are not entitled to the money. Someone needs to be appointed (personal representative?) to make sure that the money is being used as you intended, That is, for the care of your pet.
An addition to your will or a specific will clause are relatively simple methods to protect Bengal; however, there are some pitfalls to this method of providing for the future of your pet.
First of all, as it is a clause in your will, it will not take effect until your death. Therefore, in an emergency situation, it would not provide for the care of your pet.
Secondly, the courts have held that if you provide…let's say...a clause that gives $5,000.00 to my friend Mary Ann to take care of Bengal upon my death… and Bengal dies before you...if you have not changed your will...Mary Ann is probably still entitled to receive the $5,000.00 upon your death.
Thirdly, the probate process involving your will and the distribution of your assets will normally take a few months to conclude.
Along with the appropriate will clauses, there are other legal methods available to provide for your pets in Indiana. For almost three years, Indiana has had a Statutory Pet Trust, established by the legislature, that allows for the creation of a trust for your pet during your lifetime.
If you have additional questions regarding will clauses or Statutory Pet Trusts in Indiana, we can assist you in those matters.
What is a pet trust?
What is a pet trust?
I was at a dog park the other day with my Golden Retriever, Mulligan, who was enjoying his romp in the daily rain. I overheard two ladies talking about something called a pet trust. I have heard of this from other pet owners, but do not know what this is? Can you explain the idea of a pet trust?
Dono, Seattle, WA
Dono, sure… a pet trust is a legally binding document that you can create that sets aside specific funds to take care of your pet. It can be set up to take effect immediately or automatically upon your death. The trust would specify a caretaker to physically provide for your pet and a trustee to monitor and control the funds. Under the common law such trusts were unenforceable by the courts in your state. However, the State of Washington has a statutory pet trust that has been approved by your legislature. The purpose of this law is to recognize and validate certain trusts that are established for the benefit of animals. These trusts will be recognized as valid and fully enforceable in Washington.
Contact us for more information or questions on a Washington statutory pet trust.
A Will...a way...to protect your Pets?
A will is a legal document that contains your instructions and wishes as to how to distribute your assets and property after your death. The person who writes a will is called a testator. The will can also appoint individual’s that can serve, if necessary, as a guardian for your minor children and nominate a personal representative to carry out the instructions of your will. Each state has minimal legal requirements that must be followed for a will to be valid and accepted by the courts. But generally, the will must be made by a competent adult, it must be in writing and signed by the testator and witnessed by a least two other individuals and a notary.
You can include a clause for your pets in your will with the appropriate language, but you need to be fully aware of the possible limitations and drawbacks. In some circumstances, the preparation of a pet trust is more appropriate in your estate planning for your pet. Today the majority of states accept and recognize some form of a pet trust.
