Does Your Dog Have A Soul?
Do you believe that your pet has a soul?
According to the New York Daily News, attorney Susan Chana Lask has filed a lawsuit on behalf of a pet owner and asked the court to make that exact determination.
Under New York law, like almost every other state, a pet is only considered to be “personal property.”
Dog owner Elena Zakharova contends that pets are living creatures that feel love and pain.
So when the pet store sold her a dog with severe physical handicaps, she filed suit and requested money damages for vet bills and also for pain and suffering on behalf of her dog.
Lask contends that pets should be treated the same as human beings in this context.
Many animal owners believe that their pets have souls.
This is an interesting concept, that will be sorted out by the courts, as animal rights continue to evolve.
Your thoughts?
Connecticut Pet Trust Legislation?
I recently received an email from an attorney in Connecticut. He wanted to know if there was a good statutory cite to the Connecticut Pet Trust.
Signed into law in 2009, The Statute on Trusts provides:
Sec. 45a-489a. Trust to provide for care of animal: Creation. Administration. Jurisdiction. Termination. (a) A testamentary or inter vivos trust may be created to provide for the care of an animal or animals alive during the settlor's or testator's lifetime. The trust shall terminate upon the death of the last surviving animal. A trust created pursuant to this section shall designate a trust protector in the trust instrument whose sole duty shall be to act on behalf of the animal or animals provided for in the trust instrument. A trust protector shall be replaced in the same manner as a trustee under section 45a-474.
(b) Except as otherwise provided in this section, the provisions of the laws of this state that govern the creation and administration of trusts shall apply to a trust created to provide for the care of an animal or animals pursuant to this section.
(c) (1) The Superior Court, or a probate court described in subdivision (2) of this subsection, shall have jurisdiction over any trust created pursuant to this section.
(2) A probate court shall have jurisdiction over any trust created pursuant to this section if the trustee of the trust is otherwise subject to the jurisdiction of such probate court, or the trust is an inter vivos trust and the trust is or could be subject to the jurisdiction of such probate court for an accounting pursuant to section 45a-175.
(d) The trustee of a trust created pursuant to this section shall annually render an account for the trust, signed under penalty of false statement, to the trust protector.
(e) Any individual identified as a trust protector pursuant to this section may file a petition in the Superior Court or a probate court having jurisdiction pursuant to subsection (c) of this section to enforce the provisions of the trust, remove or replace any trustee of the trust, or require a trustee to render an account as required under subsection (d) of this section. The court may award costs and attorney's fees to the trust protector, from the trust property, if the trust protector prevails on a petition filed under this subsection and the court finds that the filing of the petition was necessary to fulfill the trust protector's duty to act on behalf of the animal or animals provided for in the trust instrument.
(f) If the trust protector determines that the trustee has used trust property for personal use or has otherwise committed fraud with respect to the trust, the trust protector may request the Attorney General to file a petition in the Superior Court or a probate court having jurisdiction pursuant to subsection (c) of this section to enforce the provisions of the trust, remove or replace any trustee of the trust or seek restitution from the trustee with respect to such trust property. The Attorney General may file such petition if the Attorney General determines that the circumstances warrant such filing.
(g) Trust property may be applied only to its intended use, subject to proper trust expenses including trustee fees, except to the extent the Superior Court or a probate court having jurisdiction pursuant to subsection (c) of this section, upon application by the trustee or trust protector, determines that the value of the trust property exceeds the amount required for its intended use. Trust property not required for its intended use, including trust property remaining upon termination of the trust, shall be distributed in the following order of priority:
(1) As directed by the terms of the trust instrument;
(2) To the remainder beneficiaries identified in the trust instrument, under the same terms provided in the trust for the remainder interest;
(3) To the settlor, if then living;
(4) Pursuant to the residuary clause of the settlor's or testator's will; or
(5) To the settlor's or testator's heirs in accordance with the laws of this state governing descent and distribution.
Indeed, there appears to be the necessary legislation in place.
Oklahoma Is The Newest State To Allow Statutory Pet Trust
Oklahoma has become the latest state to allow for a statutory pet trust.
Governor Brad Henry recently signed House Bill1641 into law.
The law creates a new section of law that validates trusts for the care of designated pets. Unless the trust stipulates, the trust is terminated when no living animal is covered. The bill outlines the rules governing such trusts, including compensation for the trustee, accounting requirements and provisions for terminating the trust.
The measure describes how trusts for pets works, and how the issue is resolved if there is no living pets. It provides for trustee compensation and the naming of such if no trustee is designated. Any trust that does not have a value of $20,000 or more is exempt from fees, except as directed by a court or the trust instrument.
The law becomes effective in approximately three months.
Good job by the Oklahoma legislature to get on board with a majority of the states that recognize pet trusts.
Is There A New Tax Break for Pet Owners?
Did the Happy Law Pass? Am I able to take the 3500 off my 2009 taxes?
Terri
Terri, as well as one can understand the machinations of congressional activity, it appears that the "Humanity and Pets Partnered Through The Years", also known as the Happy Pet Bill, has gone nowhere.
The proposed bill would amend the Internal Revenue Code to allow pet owners to take a deduction for pet care for up to $3,500.00 a year.
I will keep you advised of any progress on this legislation sponsored by Rep. Thaddeus McCotter (R., Mich.).
Comments on Proposed Tax Deduction for Pet Care Expenses
In response to the posting here, about a proposed federal bill for a tax deduction for pet care expenses, I recently received this response from a reader.
"I know that I can be charged with animal abuse for not feeding and taking care of my dog when something is wrong with her.
It cost lots of money to care for our pets.
Food; vet bills; medicine and other items for our pets are expensive also.
Why cannot there be a reasonable credit for pet care; like a standard deduction of $1500.00 to help offset some of the cost pet care?
We have to pay taxes on all the things our pets needs.
What happens to the tax that is charged on pet needs and supplies?"
Any thoughts from you?
This Website is Full of Useful Pet Information
I recently came across a site that is new to me called JustOneMorePet.com.
The stated mission of JustOneMorePet is;
"Our goal is to raise awareness and help find homes for all pets and animals that need one by helping to match them with loving families and positive situations. Our goal is also to help fight the trend of unfavorable legislation and rules in an attempt to stop unnecessary Euthenization!!"
Although the crux of the site deals with adoptions for unwanted poets, it has a widespread base of information on all animals and their treatment.
They also follow and provide updates on pending and suggested legislation concerning animals in the various states.
Visit their site and see what information you can obtain that will help your and your pets.
