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.
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.
Can You Direct Euthanasia for Your Pets in Your Will?
Many pet owners, who have devoted a great deal of their lives to their animals, believe that if they are no longer around to take care of them, no one else will be equal to the task.
Some may rationalize that it would be better for their pets not to survive, then to be placed into a facility or a home where they might be treated poorly.
Pet owners have tried to eliminate this possibility by inserting a clause into their will that directs that euthanasia be utilized upon their animals at the death of the owner.
Ida Capers of Pennsylvania passed away in 1963. At the time of her death, she had two pet Irish Setters. Ms. Capers inserted a clause into her will that stated:
"I direct that any dog which I may own at the time of my death be destroyed in a humane matter and I give and grant unto my Executors hereinafter named full and complete power and discretion necessary to carry out the same."
The public outcry again this action eventually led the court to decide that the clause was invalid and void as against public policy. In re Capers Estate, 34 Pa. D. & C.2d 121, 122 (1964).
Since that early case, a long line of court decisions have followed that reasoning and subsequently, clauses of this nature are generally not upheld.
As we have seen in other postings, many states and even cities are leading the way in providing their citizens needed information on estate planning for their pets
Many states have authorized the establishment of Statutory Pet Trusts and the courts are slowly but constantly moving toward the acknowledgement of more rights for pet owners.
The Association of the Bar of the City of New York is one of the organizations that is providing extensive information in this area.
Their brochure of public information provides some insight into the area of pet euthanasia. A part of the booklet provides:
“Provisions in a Will directing that an animal be euthanized upon the death of its owner have been invalidated by the courts. While a pet owner may feel it is important to protect a pet from subsequent mistreatment or a "bad home," it is questionable whether a healthy pet's life must end by euthanasia when its owner dies. Nevertheless, if a pet owner wishes to provide for euthanasia, it is preferable to specify in a Will that the pet be cared for by the Executor or a friend for a period of time and ask that this person attempt to find a good home for the pet, and if no home is found after a specified reasonable period of time, that the animal may betaken for euthanasia. A court may be less likely to overturn such a provision”
The entire document can be viewed here.
On final thought by the New York City Bar is somewhat ominous,
“It should be noted that if you bequeath your animal to a friend or relative, that person becomes the owner and has all the rights and obligations of the pet's care, including the right to euthanize the animal.”
Does your friend love your animal as much as you?
