Burial, Cremation or Alkaline Hydrolysis for Your Pet?
We have discussed before, here, that one issue to consider as a key component of your Pet Trust drafting is the final disposition of your pet.
After you are long gone, eventually your pet will also die and someone or some entity will be responsible for following the final directives that you have set out in your Pet Trust or will.
We usually talk about two options after death; burial or cremation.
However, recently the web is a buzz about a new option…dissolving bodies in lye and flushing the brownish, syrupy residue down a drain.
BioSAFE Engineering LLC, located in the small town of Brownsburg, Indiana, is producing cylinders for a process called alkaline hydrolysis.
According to the BioSAFE website…
...Alkaline hydrolysis is a process of an elevated temperature and pressure to convert the proteins, nucleic acids, and lipids of all cells and tissues, as well as infectious microorganisms, to a sterile aqueous solution of small peptides, amino acids, sugars, soaps, and electrolytes. The alkali itself is consumed in the process by generating the salts of the hydrolysis products. The only byproducts of the process are the mineral constituents (ash) of the bones and teeth of vertebrates. These are soft enough after the organic matter has been degraded to be easily crushed (even by bare hands) and recovered as calcium phosphate powder (sterile bone meal).
The WR2 Tissue Digestor™ consists of an insulated stainless steel pressure vessel with a manually or hydraulically clamped lid. The unit is supplied with a basket to contain bone remnants. All wetted parts are 316-L stainless steel alloy, and all vessels are ASME pressure rated and certified. All electrical components are built according to NEMA standards. The system is fully automated; allowing unattended operation after the unit is loaded...
What does this mean?
The equipment that they manufacture provides the access for a process that converts animal, human, and microbial tissues into a sterile, neutral, aqueous solution suitable for disposal to a sanitary sewer.
Apparently the time and cost for this procedure depends on the size and weight of the human or animal being processed.
The Associated Press recently reported in a story by reporter Norma Love that
..."No funeral homes in the U.S. — or anywhere else in the world, as far as the equipment manufacturer knows — offer it. In fact, only two U.S. medical centers use it on human bodies, and only on cadavers donated for research.
But because of its environmental advantages, some in the funeral industry say it could someday rival burial and cremation.
"It's not often that a truly game-changing technology comes along in the funeral service," the newsletter Funeral Service Insider said in September. But "we might have gotten a hold of one."
Currently, only the states of Minnesota and New Hampshire have legalized this process for humans.
Apparently, some 40 to 50 facilities use the cylinders developed by BioSAFE on human medical waste, animal carcasses or both. The users include veterinary schools, universities, such as the University of Florida (for cadavers) pharmaceutical companies and even the U.S. government.
The liquid residue from human tissue and animal carcasses can simple be poured down the drain.
I am not, in any manner, advocating the use of the process.
The thought of pouring my pet down the drain is a little appalling.
However, many people retain the ashes from a cremation of both humans and pets and place them on the mantle or a shelf.
I am not sure how much different this would be…a little decorative bottle, rather than an urn.
I don’t know…
It is your choice.
I am just presenting another viable option for your consideration.
Estate planning for your pet. Think about it, discuss it, make some decisions and then act on your plan.
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.
A Pet Trust can be Inter Vivos or Testamentary
A pet trust can be established thorough a testamentary trust or with an inter vivos trust.
An inter vivos trust is one that takes place immediately upon the completion and execution of the document. We generally think of this type of trust as a living trust and it is usually revocable by the trust grantor, creator or settlor (all of these terms are used interchangeably).
The living trust can be used to plan for unforeseen circumstances such as incapacity, disability and eventually the death of the grantor.
The grantor also usually serves as the original trustee or co-trustee. In the case where two or more co-trustees serve, the trust instrument can provide that either trustee may act alone on behalf of the trust or require both co-trustees to actor sign.
The trust may never actually be needed or used until the death of the grantor, but it is always available if necessary. It can be changed or altered or even revoked by the grantor at any time.
In a pet trust, this provides that there will be no lapse of care or treatment for your pet and no delay because of any probate process.
On the other hand, a testamentary trust is one that is created in a will.
Since a will is an ambulatory instrument, in that it never is effective until the testator (the one who writes the will) actually dies, this trust will not spring to use until the pet owner is no longer around.
Additionally, a will must go through the probate process, see here, and there may well be some time delays.
This delay may cause issues for the ability of your pet caretaker to secure the means and authority to take care of your pet.
One advantage of this type of trust is that is may be less expensive than the living trust. The trust clauses can be incorporated into the will of the pet owner and thus, become an integral part of the overall estate planning process.
Issues to Consider for Your Pet Trust Planning
The American Society for the Prevention of Cruelty to Animals ( ASPCA) is another invaluable site to reference estate planning needs for your pet.
Kim Bressant-Kibwe, Esq. the ASPCA Trusts & Estates Counsel offers assistance to attorneys, financial advisers and executors on all aspects of planning.
Ms. Bressant-Kibwe writes,
“…A pet trust is a legally sanctioned arrangement that provides for the care and maintenance of one or more pets in the event of their owner’s disability or death. The person who creates the trust is commonly referred to as the ‘settlor’. The person who is entrusted with the funds is called the ‘trustee’. A trust can take effect either during a person’s lifetime or after their death. Typically, a trustee will hold property (cash, for example) “in trust” for the settlor’s pet or pets. When the time comes, the trustee will make payments on a regular basis to a designated caregiver. In some states, the trust may continue for the rest of the animal’s life or for 21 years, whichever comes first. Other states allow a pet trust to continue for the rest of the animal’s life without regard to the 21-year limitation. This is especially advantageous when planning for companion animals such as horses and parrots, who have longer life expectancies than cats and dogs.”
She suggests that you contact your attorney to discuss the needs and future estate plans for your pets to establish a pet trust.
Additional areas of concern that she notes that you, your family and your attorney need to consider include;
The appointment of the trustee and successor;
The appointment of the caretaker and successor;
The need to adequately identify your pets in order to prevent fraud;
A description of your pet’s standard of living and care in detail;
A requirement that the trustee ensures the caregiver is providing the pet with regular, thorough veterinary check-ups;
The need to determine the amount of cash or assets needed to adequately cover the expenses for your pet’s care;
The need to determine the amount of cash or assets needed to adequately cover the expenses of administering the pet trust;
Choosing a beneficiary who will receive any remaining funds that were not used by the pet trust; and
Providing directions for your pet’s burial or cremation.
The ASPCA is on one of the many valuable sources of information available to the public regarding the estate planning process for your pets.
If your advisers need assistance or direction, you can help show them the way.
Be proactive in your life. Make your choices, plan and then proceed,
Responsibilities of a Pet Trustee
The Uniform Trust Code, adopted by a majority of the states since its initial draft inception in 2000, has been the underlying strength of the new growth phase of Pet Trusts.
We have previously minimally defined the role of the Trustee.
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.
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.
Nobody has a better pet than you
Nobody has a better pet than you.
Nobody has a cuter pet than you, whether it is a big ugly pooch or a small little kitty.
It is your pet, your companion…and your friend.
Unfortunately the law, in most instances, still views this beloved creature as a piece of personal property, not much different than a couch or your car.
Many pet owners are using a Pet Trust to provide for the future plans of their pets. However, some owners are uncomfortable with this document and are looking to protect their pets the old fashioned way- via their wills.
If you are in the process of preparing a will for you or you and your spouse, you can certainly include clauses that reference your pets.
If you already have a will, you can add and a codicil (a change or addition to a will) to that document. Generally, there are a number of different types of clauses that refer to your pet and your estate planning.
One clause simply gives your animal to another individual upon your death and asks that the individual treat your pet as their companion animal. You direct that you executor give a certain amount of money to that individual and request that the funds be used for the care of your pet. You can also set out specific instructions for the care of your pet.
However, the downside of using a will for estate planning for your pets is that because they are still considered an asset or property by the Courts, the clause may not be enforceable.
The Trust and Estate Highlights of the law firm of Williams Mullen suggest that one solution is to leave the money to the individual (caretaker). They point out, however... that the individual has no legal obligation to use the money on behalf of the pet, so the owner must trust this person unequivocally. Moreover, if too much money is left to the caretaker, relatives and other interested parties may challenge the pet care bequest. In addition, pet owners must consider that the caretaker might accept the money but refuse the pet. Using a conditional bequest, this leaves the money contingent on the caretaker taking the pet, guards against this problem. This does not, however, prevent the caretaker from accepting the pet and then disposing of it.
In addition, the individual cannot be held accountable for the use of the funds if they decide to spend the money or other things (like a trip to the Bahamas) and remember, your will only becomes effective upon your death. If there is an emergency situation regarding your pet, the will is of no use.
The choice of a pet caretaker is an important decision
One of the key decisions that you need to make when you set up a trust for your pet is who should serve as the caretaker and the alternate caretaker, if your original choice is unable, for whatever reason, to perform their duties.
The most obvious choices for a caretaker are a friend that is familiar with your pet or another family member. Secondary options may include a local breeder, an animal sanctuary , a pet retirement center or even your pet’s veterinarian. You should be aware that many animal sanctuaries or retirement centers may be cost prohibitive or require a specific donation amount before they will accept your pet.
Your pet trust will direct the Trustee to distribute monies to the caretaker on a regularly scheduled basis to provide for the payment of all of the necessary expenses for your pet. Most pet trusts also provide for a payment to the caretaker for their time and services. You can specify the normal costs required to maintain the standard of living for your pet that include housing, food, veterinary and grooming bills, insurance and cremation or burial expenses.
One of the duties of the Trustee should be the power to demand a regular inspection of your pets to ensure that they are being properly maintained by the caretaker. The Trustee should be allowed to visit the animals in their home environment with the caretaker. The inspections should also be permitted to be made randomly and without prior notice to the caretaker.
Whoever is your choice as the caretaker, it is extremely important that you discuss your expectations of their duties and functions, to ensure that that they are willing to accept this responsibility. You need to be clearly comfortable with your choice, as it may determine the future well being of your family pet.
Got dogs?
The American Pet Products Manufacturers Association (APPMA) www.appma.org 2007-2008 National Pet Owners Survey reveals the following information:
- There are approximately 74.8 million dogs that are owned in the United States
- Thirty-nine percent (39%) of U.S. homeowners have at least one dog
- Most owners (63 percent) own one dog
- Twenty-five percent (25%) of owners own two dogs
- Twelve percent (12%) of owners own three or more dogs
- On average, owners have almost two dogs (1.7)
- The proportion of male to female dogs is even
- Ten percent of owned dogs were adopted from an animal shelter
- On average, dog owners spent $219 on veterinary visits (vaccine, well visits) annually
- Seventy-five percent (75%) of owned dogs are spayed or neutered
Unfortunately, it is also estimated that less than 2 out or every 10 dog owners have taken the time to provide for the future well being of their favorite pooch.
- Who will take care of your Pet when you are unable to do so?
- Do you have a Pet Trust or does your Will provide for your companion?
- Should the need arise, do you have a Medical Power of Attorney for your Pet in place?
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.
