Pet Trust Law Blog

Florida Legislation Supports Statewide Spay and Neutering?

Danny Meek — Thu, 21 Mar 2013 09:00:00 -0500

Based upon the success of Pets’ Trust Miami, a Florida legislator has introduced a proposal to allow voters in each county the opportunity to support a separate property tax on real estate in order to pay for spay and neuter programs for local animals

Sen. Gwen Margolis’ bill seeks to reduce the population of unwanted animals in Florida communities.

The proposal is called “Pet Services and Welfare Programs.”

Taxidermy For Your Pet?

Danny Meek — Thu, 07 Mar 2013 09:00:00 -0500

A client recently asked me if I could recommend a taxidermist for her dog. She had a friend in California who utilized this service upon the death of his cat.

I must admit that I have never thought of this process.

Now that I have, it seems to me to be pretty disgusting.

When the time is appropriate, I would rather remember her life and smile about my dog.

Thinking about all of her crazy actions and her own idiosyncrasies.

I do not want my dog to be hanging around as a stuffed doll.

Planning For Veterinary Costs

Danny Meek — Wed, 23 Jan 2013 09:00:00 -0500

The American Veterinary Medical Foundation released its 2012 U.S. Pet Ownership and Demographics Sourcebook.

The book is filled with interesting statistics on animals in the United States.

The book states that the total of veterinary expenditures for all pets increased to $28 billion during 2011 and that the average expenditure for this care, per household for all pets, was $375.

At year-end 2011, the report reveals that 56 percent of all U.S. households were home to a pet and that Vermont leads all states in ownership, with more than two-thirds of Vermonters owning at least one pet.

For information on ordering this book visit their site at www.avma.org.

Merry Christmas

Danny Meek — Mon, 24 Dec 2012 08:37:42 -0500

Merry Christmas and Happy Holidays to all...

Hug your family and your pets...

Enjoy the day.

Can I Be Buried with My Pet?

Danny Meek — Mon, 17 Dec 2012 09:00:00 -0500

A reader recently asked me, “Can I be buried with my pet?”

As always …it depends.

In some states, where pet lovers cannot have their pets buried with them, individuals are choosing to be cremated and then buried with the pet in “the pet cemetery.”

In Florida, the pet lover has another choice.

Although pet cemeteries are unregulated, pets may be buried with their owners, if the animal dies before the owner.

The pet is to be cremated and then the ashes may be placed in the grave or crypt, providing that the cemetery by- laws permit same.

You and your pet together...forever.

Miami Voters Pass Pets' Trust Initiative

Danny Meek — Thu, 15 Nov 2012 09:00:00 -0500

Miami–Dade County voters, in Florida, were recently asked their input on a proposed Pets’ Trust initiative.

The question was whether the voter would be willing to pay a tax of $10.00 per $100,000.00 of real property value. The tax revenue would help provide free or low-cost spaying and neutering of stray and abandoned animals

The resulting yes vote provided a strong public showing of support that will be presented to the County Commission for their consideration.

The voters have made their decision, now it is up to the Commission to put their request into actions.

Is A Pet Trust Recorded or Registered?

Danny Meek — Mon, 29 Oct 2012 09:00:00 -0500

I recently received this question from an attorney in Massachusetts.

I have created my first pet trust for a client, and ai have a question. I usually do irrevocable trusts for real estate that have to be filed at the registry of deeds. Does the pet trust typically have to get registered anywhere, or is it like a will that the client puts in a secure place?

I am not aware of any state that requires the recording or registration of a pet trust with the Clerk’s office or any other entity.

I just provide a copy to the Trustee and the Caregiver.

Law Students Enter Pet Trust Field

Danny Meek — Sun, 30 Sep 2012 09:00:00 -0500

I recently received a phone call from two students attending the University Of Nebraska College Of Law.

They are involved in a legal clinic at the school and are focusing on estate planning for animal owners.

I was pleased to provide some direction into their interests and assist them in their endeavors.

It is great to see future attorneys already entering the growing field of animal law and taking the time to help animal owners who might not otherwise have the resources to do so

Oregon Appellate Court Extends Animal Rights

Danny Meek — Tue, 04 Sep 2012 09:00:00 -0500

An Oregon Appeals court recently decided, in at least one case, that someone who commits a crime against an animal may be treated as though it was a crime against a person.

According to the Court record, “dozens of emaciated animals, mostly horses and goats, and several animal carcasses in various states of decay," were discovered in the yard in an Umatilla County home.

The owner of the residence was originally charged with neglect. However, the District Attorney did not proceed in the usual manner of prosecuting an animal abuse case, but charged the individual with numerous separate counts of animal abuse.

After a jury found the owner guilty of twenty separate crimes, the Trial Court Judge consolidated all of the counts into one and the State appealed the decision.

It is interesting to note that in reversing the lower Court, that a part of the Appellate decision stated “it appears that the Legislature's primary concern was to protect individual animals as sentient beings*.”

*sentience implies the ability to experience pleasure and pain.

New Jersey Supreme Court Denies Pet Owner's Request For Money For Emotional Distress Loss

Danny Meek — Mon, 06 Aug 2012 09:00:00 -0500

The New Jersey Supreme Court has recently held that there is no cause of action for emotional distress for a pet owner.

Joyce McDougall was walking her dog when a large dog attacked her pet and shook it several times before dropping it, causing the death of Joyce’s dog.

She sued the owner of the attacking dog for the value of her pet and also alleged that, as a result of witnessing the dog’s death, she suffered significant emotional distress for which she demanded money damages.

Her request for money for the emotional damages was denied by the trial court and the Appellate Court affirmed that decision.

She appealed and the State Supreme Court ruled, in: Joyce McDougall v. Charlot Lamm

“There is no basis in law or public policy to expand the traditionally and intentionally narrow grounds established in Portee v. Jaffee, 84 N.J. 88 (1980), which permits compensation for the traumatic loss of carefully defined classes of individuals, to include emotional distress claims arising from observing a pet’s death. Although humans may share an emotional and enduring bond with pets, permitting that bond to support a recovery for emotional distress would require the Court to vastly expand the classes of human relationships that would qualify for Portee damages or to elevate relationships with animals above those shared with other human beings.”

The Clerk of the Court has outlined the findings of the Court here.

It seems to be a well-reasoned opinion, whether you agree with it or not…

Good Travel Information For You and Your Pets

Danny Meek — Wed, 01 Aug 2012 09:00:00 -0500

Regular readers of this blog are aware that I am not usually a big fan of endorsing other sites, as I do not want to be perceived as partial or prejudiced as to other offerings.

However, questions concerning traveling with pets and particularly specific airline rules are a constant concern of animal lovers.

I was recently directed to a site that provides valuable information of airline guidelines for these issues.

Go to www.travelinsurance.org (no I am not endorsing travel insurance) for detailed information of airline policies regarding traveling with animals and even some requirements of countries outside of the U.S. borders.

You might find it helpful.

What Is Animal Hospice?

Danny Meek — Mon, 16 Jul 2012 09:00:00 -0500

We have written about pet hospice for many years and it is, in fact, a growing field of interest for pet parents.

According to their website, The International Association of Animal Hospice and Palliative Care is dedicated to comfort-oriented care to companion animals as they approach the end of life.

The World Health organization has defined palliative care as “the active total care of patients with a life-limiting illness that is not responsive to curative treatment. Control of pain, of other symptoms, and of psychological, social and spiritual problems, is paramount. The goal of palliative care is achievement of the best quality of life for patients and their families.”

In this case, the patient is the pet and the hospice care is for end of life planning and comfort.

It is never too early to learn more about the end of life services for your pets.

What is available?

How much does it costs?

What is my role in this process?

Does Your Pet Have A Nanny?

Danny Meek — Sat, 30 Jun 2012 09:00:00 -0500

We often talk about pet caregivers and the qualification and considerations that we should follow when making a choice for ourselves and our pets.

However, I have to admit that I have never thought about this in the temporary/daily context of a family nanny.

Findananny.net recently presented an article that may be of interest to those of you that utilize a nanny in your family situations.

According to the site…there are many nannies that love working in homes with pets; there are some that do not. If you have or are planning on getting a family pet, being upfront about it will ensure that the nannies you meet would enjoy working in a home where a pet was a valued member of the family.

Their Five Rules For Finding a Pet Friendly nanny may assist you in this decision. You can find the article here.

Do I Use a Will or a Pet Trust for my Dog?

Danny Meek — Mon, 11 Jun 2012 09:00:00 -0500

I was recently asked about the difference between a pet trust and the use of a will for estate planning.

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 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 it 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

An example of such a will clause is as follows:

...I give my cat, and any other animals that I may own at the time of my death, to Bill presently residing at 123 Main Street, Nowheresville, PP, with the request that he treat them as companion animals. If he is unable or unwilling to accept my animals, I give such animals to Bob, presently residing at 124 Main Street, Nowheresville, PP with the request that he treat them as companion animals. If he is unable or unwilling to accept my animals, my Executor shall select an appropriate person to accept the animals and treat them as companion animals, and I give my animals to such person.

I direct my Executor to give $1000.00 from my estate to the person who accepts my animals, and I request (but do not direct) that these funds be used for the care of my animals...

You will note that the money goes directly to the caregiver and the clause only requests that the funds by used for the care of the animals.

Not very strong.

Remember over forty- six states have a statutory pet trust on their books. A much more effective and efficient document for your pets.

Innovative Ideas for Pet Trusts

Danny Meek — Wed, 09 May 2012 09:00:00 -0500

Thanks to Jennifer Paull, we were recently spotlighted in an on-line issue of Vetstreet.com.

We shared the page and the stage with Texas Tech University law professor, Gerry W. Beyer, whom I have dubbed the “godfather of estate planning for animal owners” and attorney Rachel Hirschfeld.

For some interesting and innovative ideas for estate planning for pets, I suggest that you read the entire article here.

And, thanks again Jennifer.

Landmark Decision Regarding Pet Custody

Danny Meek — Wed, 11 Apr 2012 09:00:00 -0500

In a Court ruling that many are calling “a Landmark Decision”, a Canadian Judge has awarded temporary custody of a couple’s two dogs (male and female mixed Great Dane Brittany Spaniels named Baron and Tessa) to one of the parties, following the breakup of their relationship.

More importantly, the person who was awarded custody was not the party that originally purchased and registered the pets.

In explaining his decision, Judge Joel Shaw noted how the internationally recognized book, Fat Cats and Lucky Dogs co-authored by Toronto lawyer, Barry Seltzer, and Texas Tech law professor, Gerry W. Beyer, provided him with an extensive background of pet ownership and trusts that greatly influenced his decision.

How Do I Become a Pet Caregiver?

Danny Meek — Tue, 27 Mar 2012 09:00:00 -0500

I recently received this inquiry from a reader.

Hi Danny - I am interested in becoming a pet caregiver. I am recently divorced and my ex kept the dogs - I miss them terribly.

I figure becoming a pet caregiver can fulfill two needs that I have 1) have a dog on whom I can lavish attention and love, and 2) potentially garner a small income to help me adjust to the single income.

What is the best way to find organizations that match potential caregivers with pets newly in need of homes?

Most local humane societies and other safe refuge and sanctuary facilities for companion animals are always in need of good, qualified and competent caregivers.

I suggest that you contact them and request an introductory meeting with the director of these facilities and explain your interest and qualifications.

My Dog Anna Makes Her National Debut

Danny Meek — Mon, 12 Mar 2012 09:00:00 -0500

I am extremely pleased that I have been included in the latest issue of the American Bar Association Solo magazine. You can read the article about the Naples Humane Society here on page 44

I hope you enjoy.

Proposed Bill in the Florida Legislature Addresses Domestic Violence Against family Pets.

Danny Meek — Mon, 13 Feb 2012 09:00:00 -0500

State Senator Mike Fasano has proposed a bill in the Florida legislature that addresses domestic violence against family pets.

In essence, the bill provides; that a court may issue an injunction for protection against domestic violence granting the petitioner the exclusive care, custody, or control of any animal owned, possessed, leased, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent; providing that it is a first-degree misdemeanor for a person to willfully violate an injunction for protection against domestic violence by knowingly and intentionally injuring or threatening to injure any animal owned, possessed, leased, kept, or held by the petitioner, the respondent, or a minor child of the petitioner or respondent; providing criminal penalties, etc.

I will keep you advised of the progress of the bill in Florida.

Florida To Hold Statewide Activities for Animal Week

Danny Meek — Fri, 03 Feb 2012 11:00:00 -0500

Governor Rick Scott officially proclaimed that the 4th Annual Florida Week for the Animals would be February 4-12, 2012.

This statewide event is designed to celebrate and build awareness on behalf of all animals, as well as recognize the Florida organizations and citizens who support them.

According to Michelle Buckalew,the Florida Week for The Animals team leader, Florida Week for the Animals is bringing together educators, advocates, animal shelters, rescue organizations, sanctuaries, businesses, students, artists and community leaders in an exciting week of community-building activities. Over 100 events will be featured throughout the State of Florida.

If you would like to learn more, become involved or list an event visit the official website at http://www.floridaanimals.org/.

This is a good thing for animal lovers and the State of Florida.

Maybe your State has a similar program?