Pet Trust Law Blog

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?

Want To Be In The Movies?

Danny Meek — Tue, 24 Jan 2012 11:25:19 -0500

I had a very interesting conversation last week with Emma Goddard, the Head of Development of Wild Pictures based in London, England

Wild Pictures is a documentary production company and is currently developing a documentary idea looking at pets that have been left a legacy/trust fund by their owner

They are also looking for owners who currently indulge and pamper their four-legged friends and who are or would seriously think about including their pet in their trust or will.

If they secure the necessary funding the documentary will move forward.

If you are interested in participating in the background or perhaps even being on the screen, contact me and give me your story.

Does Your Dog Have A Soul?

Danny Meek — Mon, 09 Jan 2012 09:00:00 -0500

Do you believe that your pet has a soul?

According to the New York Daily News, attorney Susan Chana Lask has filed a lawsuit on behalf of a pet owner and asked the court to make that exact determination.

Under New York law, like almost every other state, a pet is only considered to be “personal property.”

Dog owner Elena Zakharova contends that pets are living creatures that feel love and pain.

So when the pet store sold her a dog with severe physical handicaps, she filed suit and requested money damages for vet bills and also for pain and suffering on behalf of her dog.

Lask contends that pets should be treated the same as human beings in this context.

Many animal owners believe that their pets have souls.

This is an interesting concept, that will be sorted out by the courts, as animal rights continue to evolve.

Your thoughts?

Newest Fat Cat Has $10 Million Dollar Fortune

Danny Meek — Mon, 19 Dec 2011 09:00:00 -0500

According to the British newspaper, The Guardian, www.Guardian.co.uk, Tommaso, a four-year-old, may very well now be the world's richest cat.

The one-time stray from Rome, was left over $10 million dollars from his owner with the proviso to her attorneys that they find an animal welfare body or association to which to leave the inheritance and the task of looking after the cat.

Under Italian law, animals cannot inherit directly money or assets. But they can be beneficiaries if a suitable trustee is found.

I do not think that there will be any scarcity of volunteers to be the trustee.

Money To Care For My Pet After I Am Not Around

Danny Meek — Mon, 12 Dec 2011 09:00:00 -0500

I recently received this question from a reader:

I want to devise a form of whole life insurance for companion animals, whereby their caretakers pay a reasonable monthly premium and/or flat sum upon their death, in exchange for a lifelong home for their pet(s). Can you help?

I am not aware of any current program that specifically provides for this. However, many caretakers do buy a separate life insurance policy on themselves that is then payable to the pet trust upon their death, for the benefit of their animal

Connecticut Pet Trust Legislation?

Danny Meek — Mon, 21 Nov 2011 09:00:00 -0500

I recently received an email from an attorney in Connecticut. He wanted to know if there was a good statutory cite to the Connecticut Pet Trust.

Signed into law in 2009, The Statute on Trusts provides:

Sec. 45a-489a. Trust to provide for care of animal: Creation. Administration. Jurisdiction. Termination. (a) A testamentary or inter vivos trust may be created to provide for the care of an animal or animals alive during the settlor's or testator's lifetime. The trust shall terminate upon the death of the last surviving animal. A trust created pursuant to this section shall designate a trust protector in the trust instrument whose sole duty shall be to act on behalf of the animal or animals provided for in the trust instrument. A trust protector shall be replaced in the same manner as a trustee under section 45a-474.

(b) Except as otherwise provided in this section, the provisions of the laws of this state that govern the creation and administration of trusts shall apply to a trust created to provide for the care of an animal or animals pursuant to this section.

(c) (1) The Superior Court, or a probate court described in subdivision (2) of this subsection, shall have jurisdiction over any trust created pursuant to this section.

(2) A probate court shall have jurisdiction over any trust created pursuant to this section if the trustee of the trust is otherwise subject to the jurisdiction of such probate court, or the trust is an inter vivos trust and the trust is or could be subject to the jurisdiction of such probate court for an accounting pursuant to section 45a-175.

(d) The trustee of a trust created pursuant to this section shall annually render an account for the trust, signed under penalty of false statement, to the trust protector.

(e) Any individual identified as a trust protector pursuant to this section may file a petition in the Superior Court or a probate court having jurisdiction pursuant to subsection (c) of this section to enforce the provisions of the trust, remove or replace any trustee of the trust, or require a trustee to render an account as required under subsection (d) of this section. The court may award costs and attorney's fees to the trust protector, from the trust property, if the trust protector prevails on a petition filed under this subsection and the court finds that the filing of the petition was necessary to fulfill the trust protector's duty to act on behalf of the animal or animals provided for in the trust instrument.

(f) If the trust protector determines that the trustee has used trust property for personal use or has otherwise committed fraud with respect to the trust, the trust protector may request the Attorney General to file a petition in the Superior Court or a probate court having jurisdiction pursuant to subsection (c) of this section to enforce the provisions of the trust, remove or replace any trustee of the trust or seek restitution from the trustee with respect to such trust property. The Attorney General may file such petition if the Attorney General determines that the circumstances warrant such filing.

(g) Trust property may be applied only to its intended use, subject to proper trust expenses including trustee fees, except to the extent the Superior Court or a probate court having jurisdiction pursuant to subsection (c) of this section, upon application by the trustee or trust protector, determines that the value of the trust property exceeds the amount required for its intended use. Trust property not required for its intended use, including trust property remaining upon termination of the trust, shall be distributed in the following order of priority:

(1) As directed by the terms of the trust instrument;

(2) To the remainder beneficiaries identified in the trust instrument, under the same terms provided in the trust for the remainder interest;

(3) To the settlor, if then living;

(4) Pursuant to the residuary clause of the settlor's or testator's will; or

(5) To the settlor's or testator's heirs in accordance with the laws of this state governing descent and distribution.

Indeed, there appears to be the necessary legislation in place.

Pet Lovers Spend Lavishly

Danny Meek — Wed, 12 Oct 2011 09:00:00 -0500

Despite the econonomic recession, if not depression, that has currently engulfed the United States, the American Pet Products Association recently reported that animal lovers will spend a record $50 Billion Dollars on their pets this year.

In addition, pet ownership continues to increase year over year, and now almost two-thirds of all U.S. households co-exist with pets.

In a time when even the most affluent are allowing mortgage payments to go unpaid, opting not to carry medical insurance and stressing about how they will cope with dwindling retirement accounts, the seemingly necessary relationship between humans and companion animals seems to contiune to grow.

Pet Lovers Spend Lavishly

Danny Meek — Wed, 12 Oct 2011 09:00:00 -0500

Despite the economic recession, if not depression, that has currently engulfed the United States, the American Pet Products Association recently reported that animal lovers will spend a record $50 Billion Dollars on their pets this year.

In addition, pet ownership continues to increase year over year, and now almost two-thirds of all U.S. households co-exist with pets.

The Economy and Your Pets

Danny Meek — Mon, 03 Oct 2011 09:00:00 -0500

Is the economy affecting your pet’s life?

I cannot figure this out.

One article states that the dismal economy is having an adverse effect on families who can no longer afford to properly take care of their pets.

More are abandoned.

Less veterinarian treatment is being sought.

Food budgets are strained.

Then the next article states that this is one area of consumer spending that pet guardians are refusing to reduce.

Pets come first.

More luxurious lifestyles are maintained.

More toys, trinkets and unnecessary purchases.

Let me know, is the economy affecting your pet’s life?

A New Way To Fund A Pet Trust?

Danny Meek — Mon, 08 Aug 2011 09:00:00 -0500

I just completed a pet trust seminar for a number of local attorneys. The location for the program was at The Humane Society of Collier County, in Naples Florida.

Just the week prior to the seminar, nearly 50 dogs and young pups were delivered to the Society, as a local breeder was evicted from his residence, as a result of the current real estate debacle. Within one day, all of the dogs had been placed in foster homes, as over 500 local residents responded to the plea for help.

As always, the funding for pet trusts was one of the most discussed topics among the participants.

Interestingly, I learned that there is a different type of insurance policy that can be tied to long term health care coverage with the remainder or unused portion of the funding available to be used for your pet trust.

I do not want to go into detail about the policies or the company.

But ask your own insurance agent about the availability of this plan.

It might be a great idea to fund your pet trust.

What is the Guardian Campaign?

Danny Meek — Mon, 25 Jul 2011 09:00:00 -0500

A reader recently asked me about the Guardian Campaign.

According to its website, Guardian Campaign “was created in 1999 by In Defense of Animals (IDA) to reflect and nurture the growing sentiment that "owner" does not reflect the bond that develops between people and animals. IDA believes "guardian" denotes a higher level of responsibility, caring and respect toward the animals with whom families share their lives.”

Almost two dozen cities and the State of Rhode Island have enacted legislation that interchanges the terms owner and guardian for companion animals.

Typical language will state then when used in reference to any person or persons caring animals, ‘guardian’ is equivalent to owner, a guardian shall have the same rights and responsibilities or an ‘owner’, and both terms shall be used interchangeably.

Most legal experts agree that the language does not change the legal status of the animals, in that most states still consider companion animals to be personal property.

Leona Helmsley's Dog Trouble Is Gone

Danny Meek — Mon, 13 Jun 2011 09:00:00 -0500

Leona Helmsley became infamous, when she who died in 2007 and left her dog Trouble, a $12 million trust in her will.

Trustees fought over the provisions and the amount of money was later reduced by the court and an agreement among the Trustees to around $2 million.

Now it has been reported that Trouble apparently died last December, without any fanfare, and the remaining monies reverted to the Helmsley Charitable Trust.

After all of the angst and outcry, it seems as though Leona got her wish and achieved her goals.
Trouble continued to live a pampered life-just as Leona wanted and planned.

And the Helmsley Charitable Trust received the remainder of the trust funds- just as Leona wanted and planned.

How Much to Pay A Pet Caregiver?

Danny Meek — Mon, 06 Jun 2011 09:00:00 -0500

Can you just give me general info on the cost? How much does one get paid to be a pet caregiver? Tony, Marco Island, FL

Tony, there is no standard that a pet caregiver receives for taking care of the pets of a deceased owner.

If obviously depends on the type, number and age of the pets.

For example, it would certainly be easier to take care of a parakeet, as compared to three horses.

Other factors include items such as the daily schedule or routine that the owner has established in the pet trust.

It will also make a difference if the pets reside with the caregiver or if the caregiver moves into the former owner’s residence.

Many times the owner and the named caregiver will have discussed and agreed upon all of these factors

Of course, the language of the pet trust will ultimately control the amount of payment.

What Does a Pet Trust Cost To Prepare?

Danny Meek — Mon, 16 May 2011 09:00:00 -0500

How much should I expect to pay for a pet trust?

This is one of the two most popular questions that I am asked by pet owners.

Obviously, many factors are going to enter into the analysis and preparation of a trust for your pets.

In the last two weeks alone, I have seen pet trust fees placed as low as $29.99 and has high as $10,000.00.

Quite a range.

I can only advise that you speak with a professional that has experience in this area and that it is someone that you are comfortable working with, on behalf of your pets.

Treat this like the important decision that it is.

What Is A Pet Panel?

Danny Meek — Mon, 09 May 2011 09:00:00 -0500

I recently gave a seminar about pet trusts to a group of veterinarians and the use of a Pet Panel was one of the main interests of the attendees.

I have written before on the pet panel and maybe now is good time to review the process. A pet panel is a group of individuals appointed by you, in your Trust and they have various duties as you and your counsel shall provide.

Some example of duties as established for a pet panel, as are follows:

Work with the Pet Trustee to select an appropriate Pet Guardian for each pet;

Make the final decision on accepting or rejecting the choice for Pet Guardian;

Review the Pet Trustee’s performance;

Authorize financial bonuses for the Pet Guardian pursuant to the Trust;

Assist the Pet Trustee and Pet Guardian with major medical decisions affecting the health and lives of the pets;

Select a new successor Pet Trustee to replace the then serving Pet Trustee if there are no other Pet Trustees named or if there are none that are willing or able to serve;

Make occasional, unannounced, in-home visits to monitor the care of the pets;

Assist with end-of-life decisions for the pets, including euthanasia, based on the pets' quality of life, pain and suffering, and chances of meaningful recovery.

The pet panel can have as much or as little powers a your determine.

Your counsel can assist you with a Pet Panel when you complete your estate planning for your pets.