Who's Gonna Take Care of Fido?

Many people make plans with a friend or relative regarding the care of their pet after they die. However, a sure way to make sure your pet is covered is to make the pet's care a part of your Will. Even though a pet is legally considered property, you can leave money for your pet in a trust. You bequeath money into a trust with your pet as the beneficiary and a trustee named. A caregiver for your pet is also named. The trustee could be a friend or a relative or an institution willing to serve. Make sure all your loved ones are covered in the event of your death. Contact us at http://www.ythlaw.com/ for elder law, probate and estate planning needs.

Estate Planning Mistakes - Number Fifteen

What about Fido? Do not forget about your dogs, cats, horses or other family pets. You want to make provisions for your pets in your Will or you can even have a Pet Trust established for the benefit of your furry friends.

A Trust might cover (1) designation of the caretaker (2) the fee to be paid a caretaker (3) name the trustee (4) standard of care for the pet and (5) the amount to be left in Trust for the pet.

You want your estate plan/Will to be comprehensive. Therefore, make sure you contact us at http://www.ythlaw.com/

No Dog House for Trouble the Maltese

Many states now provide for Pet Trusts under their laws. But, there is a right way and there is a wrong way to leave money to you pet. Here is example of how you do not want to do it.

When she died in 2007, hotel tycoon Leona Helmsley's will left most of her $5 billion estate to charity, created a $12 million trust for her Maltese dog, Trouble, and completely cut out two of her four grandchildren. The two stiffed grandkids sued her estate, claiming she wasn't mentally fit to create her will and trust. The case settled, with Trouble getting $2 million, and the two grandkids sharing $6 million plus legal fees.

If you're older and cutting out relatives, have some professional, doctor or lawyer, conduct an evaluation of your sanity to confirm your sanity when the natural object of your "bounty" is disinherited, especially in favor of an animal.

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Your Pet And Estate Planning

We recently got a cat, Sneakers, for our daughter. It made me think about how estate planning covers everything that you have, including your pets. So, what happens to little Sneakers if something happens to us. Technically, she "belongs" to our 8 year old daughter but I do not think, in fact, I know the guardian for our daughter has not also agreed to take on the responsibility of a cat. Given allergies of the guardian's own children, it would not be a possibility to even address. So, what happens to Sneakers, the alternative will be to "give" her to another family member so that my daughter could regularly visit "her" cat. That seems to work as an option because we do have animal lovers to choose from.

BUT what if you do not have that option. If there are no family or friends available to take your pet then you could either (1) fund a Trust for the care of your cat; (2) look up places that would take your cat; (3) find cat adoption services or (4) leave money to a family or friend to take care of your cat. Any of these options should be addressed in your Will to make sure your plan is followed.

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Pet Trusts - What Next?

My new book was released September 14th and several papers have made some inquiries regarding the book. The first one that I received asked for information on what is the trend as

relates to Pet Trusts. Yes, that is covered in my book among many other people related trusts.

In any event, according to a 2000 estimate, Americans own about 68 million dogs and 73 million cats. The desire to protect dogs and other animals seems to be of critical importance to many. With an increasing elderly population and more and more people living alone, many people may not have a family member or friends able to care for their dogs.

In states without Pet Trusts, the most predictable and reliable method to provide for a pet is for you to create a trust in favor of a human beneficiary and then name a trustee to make distributions to the beneficiary to cover the pet’s expenses provided the beneficiary is taking proper care of the pet. This technique avoids the two traditional problems with gifts to benefit pets. There is an actual human beneficiary with standing to enforce the trust and there is a human measuring life for the rule against perpetuities (don’t worry, even many lawyers don’t understand that ancient rule). This conditional gift in trust approach provides for more flexibility and a greater likelihood of your intent being carried out.

If your state has a Pet Trust statute and Pennsylvania does, then your dogs can be the beneficiary with the Trustee making distribution for the benefit of the dogs. Your estate planning attorney can help make sure your Pet Trust meets the requirements of the statute.

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