What Happens to My Cat When I Die?
What happens to my cat Alexandra, if I die without any written provisions for her?
Albert Wolf Point, Montana
Albert, in Montana, as in most states, pets are generally treated the same as other personal property.
If you die without a will (intestate) or an appropriate trust, your property will pass according to the state statutes.
That means that Alexandra will go to your heirs (spouse, children or others) as the law directs.
You will have no decision or control in the matter as to who takes care of your cat.
A will provision or a trust can eliminate these problems, as you can name the individual that you want to take care of your cat, when you are unable to do so.
Contact your attorney and they can assist you with this document preparation.
Kentucky has Options for Statutory Pet Trust
I have a number of hunting dogs that provide both business and pleasure to me and my kids. They actually are a valuable asset of my business. Should I set up a Pet Trust for them?
Bo Paducah, Kentucky
Bo…Kentucky is in the minority of states in that there is no Statutory Pet Trust legislation that has been passed by your Commonwealth.
However, Kentucky was one of the early leaders in recognizing the desire of pet owners to prepare for the future of their pets.
In 1927, the case of Willett v. Willett, 247 S.W. 739 (Ky. Ct. App. 1923) was a landmark decision in that it was the first time an appellate court considered a will contest that arose as a result of a gift to an animal.
In Willett, the testatrix ( the one who wrote the will) devised her entire estate to her sister for life, then to her church with the exception of $1,000.00 which is to be used…
"for the support of our dog 'Dick,' if the interest is not sufficient for him to be kept in comfort, that is being well fed, have a bed in the house by a fire and treated well every day, that the principal be used to such a sum so it will last his lifetime. . . Dicky must have three meals daily..."
The trial court held the clause for Dicky's support to be invalid, because…
"(1) there is no trustee, and (2) a dog cannot take as a devisee under our law."
However, the Kentucky Supreme Court rejected these arguments, and stated that a trust should never fail for lack of a trustee. The court further reasoned that if no trustee was willing or able to serve, the court could appoint a trustee.
In addition, the Supreme Court interpreted the language of the will as creating a trust for the benefit of the dog, not as a gift directly to the dog.
The Kentucky court declared that a testamentary gift for the care of a specific animal is a humane purpose, and thus was valid under a state statute permitting testamentary gifts and trusts for charitable or humane purposes.
Finally the Court, set out its opinion on the difference between a charity and a humane purpose, stating that
"[c]harity extends to every one of a class, while . . . a humane purpose . . . moves a person to take care of or feed a single hungry person, bird or dog."
Thus, the Kentucky Supreme Court upheld the pet provisions in Willett because of an express statutory provision permitting trusts for humane purposes.
Even though you are 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.
We have discussed those options before.
Review them and discuss them with your family, attorney, financial adviser and accountant.
Then make a plan.
Don't Forget to Fund Your Pet Trust
Nathan Gene Stone, Mississippi
Nathan, once you have set up your Pet Trust you need to at least fund it with a minimal amount of money.
For the Trust to take effect, some assets must be transferred into the Trust.
Not everyone understands that the grantor (you as the pet owner) must take some affirmative steps to transfer at least some assets and fund the Trust. Merely executing the Trust itself will not cause the Trust to become funded. You must actually transfer legal title to the Trust.
The transfer is from you as an individual to the Trustee, even if you are also the Trustee.
You need to be clear that any activity that you take is as, “Nathan Gene, Trustee of the Annika the Afghan Hound Trust,” or whatever is the correct designation.
These actions, whether money transfers or whatever needs to be completed on behalf of the Trust and should be by the Trustee and not you as an individual.
You need to discuss all aspects of correctly funding your Pet Trust with your legal counsel to ensure complete accuracy.
The first step is draw up the Trust...then you are on your way to protecting your pet's future.
Use Door Signs for Emergency Pet Information
We try to discuss and address all issues of planning for the well being of your pets.
Estate Planning.
Emergency Powers of Attorney.
Caretaker and Trust arrangements.
Today, we remind you that your home is obviously also the home of your pets.
They deserve a safe haven as much as you.
But, you have the ability to plan and help yourself in an emergency situation and they do not.
One simple way to minimize emergency problems for you and your pets is the use of signage for your doors and windows.
These small signs act as both a warning and an alert for others.
They advise strangers entering your home that there are pets present inside.
And, in an emergency situation, as in the case of police or firefighters in your home, the signs can act as a direction arrow to increase safety measures.
In addition, these signs can contain emergency contact information for the pet owners, veterinarians, pet sitters and others.
Two free sources for this documentation are the Humane Society and PetPlace.com
You can go to these sites, download and print the stickers for free and then…use them.
Planning for you and your pets…everyday and emergency…it is a good idea.
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.
Estate planning for your Pet...when to begin?
Pet trusts, which had their beginnings in the late 1980’s, have become widely accepted in recent years. Thirty-nine states and the District of Columbia have specific Pet Trust statutes on their books and there are other forms of documentation that can be prepared to provide for your pets in those states without Pet Statutes.
If you die without making advanced and sufficient plans for your pets, they will probably end up in a shelter and eventually euthanized.
According to the Human Society of the United States, HSUS, some 6 to 8 million cats and dogs will enter a shelter this year and nearly half of that number or 3 to 6 million will be euthanized.
As many as 25 percent of families with a pet have provided for their animals through wills or trusts, said Sara Amundson, executive director with the Humane Society Legislative Fund. "People really consider pets as members of their family," she said.
When should you begin your planning for your pet trust or the use of a will to determine your pet’s future care?
Owners should start thinking about establishing a trust "the minute" they acquire an animal, recommended Kim Bressant-Kibwe, trusts and estates counsel with American Society for the Prevention of Cruelty to Animals Bressant-Kibwe. ASPCA,
"Life isn't guaranteed to any one of us," she said. "People are particularly interested in pet trusts because they reach beyond the grave."
"Pick the right person and hope that when the time comes that they'll have enough integrity to follow your wishes," Bressant-Kibwe said. "Leaving a little money for them sweetens the deal."
Estate planning for your business, your family and your pets is essential because none of us knows what tomorrow may bring. We make plans to try to minimize the uncertainty, reduce the stress, eliminate the chaos and ease the fear of sudden life changing events.
Estate planning for your business, your family and your pets should begin today.
What is a 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.
