People have a lot of misconceptions about what can happen to pets after the owner dies. Hopefully, a well-versed attorney can give appropriate advice during will preparation.
It also helps if one has a little background.
Can you leave a request directly to your pet? No, because someone has to care for the animal(s). But, you can set up a trust for your pets in addition to your will.
Once, Washington State University’s veterinary college was contacted by an attorney who was the executor for a will and trust on the West Coast. His client de ella left her entire house de ella to her teacup poodle dog, and she provided for its daily care including all expenses and veterinary care that was at a minimum of two appointments a year. She and her attorney de ella had set up a pet trust.
The attorney was calling because the pet had now passed and her will and trust documentation specified the remaining estate, including the home, goes to the WSU veterinary college. It was wonderful news for the college, and I was dispatched to go interview her close friend for a story.
This person was rich, right? Nope. Pet trusts can be set up for almost all people for not only when you die but perhaps to include before you die in the event you can’t care for the pet.
A great place to get the complete background on this matter can be found at this shortened lin: bit.ly/3PntENb. There you can find descriptions of pet trust laws for all 50 states and Washington DC This site also offers an important caveat: “Some states impose funding limits for pet trusts that allow the court to reduce and/or redirect trust property determined to be in excess of the intended use set forth in the trust instrument. Please consult your state’s full pet trust statute or a licensed attorney for further information.”
One might imagine that some would attempt to take advantage of a pet trust to deny otherwise deserving parties of estate assets or to cover-up financial resources subject to taxation, etc.
Idaho’s law says one can establish a “purpose trust” for a noncharitable purpose where there is no beneficiary. A purpose trust can be established for the care of an animal or animals.
Washington’s law specifies that a, “[A] trust may be created for the care of one or more animals. Unless the trust instrument provides otherwise, the trust terminates when no living animal is covered by the trust. However, the trust is not valid for more than 150 years.”
That 150-year limit is interesting. I suppose if one calls certain tortoises, fish, or microbial cultures pets, it might be necessary.
In all trusts, there are important things to consider getting together before you start incurring attorney fees. Here is what Susan Friedman, an estate attorney for a Cleveland law firm writing online for JDSupra, recommends:
Name a trustee and alternate trustee.
Name a caregiver and alternate caregiver (also give the trustee authority to employ a caregiver in the alternative).
Prepare detailed instructions for your pet.
List any medical history and identify a veterinarian you prefer (but also give the trustee authority to choose a veterinarian in the alternative).
State how the funds in the trust should be distributed and used.
State what should happen upon the pet’s death.
One should also make sure there are enough assets for the trust based upon the pet’s projected life span.
Whatever you think, if you want your animals to be given to, or cared for by others after you pass, contact an attorney and your veterinarian.
Powell is the public information officer for the Washington State University College of Veterinary Medicine, which provides this column as a community service. For questions or concerns about animals you’d like to read about, email cpowell@vetmed.wsu.edu.
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