PET TRUSTS More and more Americans are finding their pet animals hold important roles in their lives and families. Dogs, cats, birds, all forms of pet animals are loved for the physical activity they encourage in their human owners as well as the attention received and the love shown. Pets form a bond with their human families that enrich lives. It is of the utmost importance that we provide for their care should their owner pass. We can provide for a pet's care in a will, however, there can be a period of time that passes before the will can 1) be found; 2) probated if necessary. And sometimes there is no money immediately provided for the pet's care - simple food, housing, and veterinary needs. That is where a trust may be a better choice. | |
One of the first studies in the area of how pets can add to our life expectancy, appeared in 1980, "Public Health Reports", which demonstrated that the survival rates of heart attack victims who had a pet were 28 percent higher than those of patients who didn't have an animal companion. "The health effects seem to be very real and by no means mystical," says Alan Beck, director of the Center for the Human-Animal Bond at Purdue University. "Contact with companion animals triggers a relaxation response," he says. See Ten Ways to Live Longer, Forbes Magazine, March 2, 2005. So not only do pets add years to our lives but they add to the quality of those years.
In recent years, the press has reported on large trusts established for beloved pets. Leona Helmsley left $12 million in trust (later reduced by the court to $2 million) for her Maltese dog, Trouble. In 1993, Doris Duke, the tobacco heiress, left $100,000 to her Shar-pei, Rodeo. It is reported that actress Betty White is intending to leave all of her approximately $5 million estate to benefit her animals. British pop singer, Dusty Springfield's 1999 will bequeathed a lifetime supply of imported baby food to feed her beloved cat Nicolas. Global media leader, Oprah Winfrey, has often spoken about her intentions to provide for her animals to live their lives in luxury.
In 1993 a change occurred to the Uniform Probate Code - the legal model used by many states - to allow pet trusts to exist for the length of the pet's life. UNIF. PROB. CODE § 2-907, cmt. (1990). Many states then drafted their own laws.
If a pet may possibly survive the life of their human, and especially if the pet has special needs, people should insure that their pets will be provided for and not abandoned.
ROLE OF THE ATTORNEY
The fundamental goal of a pet owner’s attorney is to carry out the pet owner’s intent to the fullest extent allowed under applicable law. Accordingly, the attorney should select a method which has the highest likelihood of working successfully to provide for the pet after the owner’s death. As Ms. Helmsley's case proved, leaving an amount which might "shock the conscious" might fail legal scrutiny, and this would be a matter to discuss with your attorney.
This link will bring you to a pamphlet published by the New York State Bar Association's Committee on Animal Law - Legalease on Animal Law. It contains helpful information about relevant law.
OTHER THOUGHTS
The New York Times, "The Opinionator", March 16, 2011, published an editorial entitled, "Some Animals are More Equal than Others", by Mark Bittman. We agree that our society still distinguishes between the ethical treatment of pet animals and those raised for food. Our hope is that all animals will be treated with the care and respect that is deserved.
Photo by Brent Buell
LEGAL UPDATE - DEFINITION OF A SERVICE ANIMAL
March 15, 2011 - legislation took affect as to the definition of a service animal under the Department of Justice’s Americans with Disabilities Act (ADA) regulations.
The new regulations now define "service animal" as a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability.
The rule states that other animals, whether wild or domestic, do not qualify as service animals. Dogs that are not trained to perform tasks that mitigate the effects of a disability, including dogs that are used purely for emotional support, are no longer considered to be service animals.
The final rule also clarifies that individuals with mental disabilities who use service animals that are trained to perform a specific task are protected by the ADA.
For more information about the new regulatory provisions regarding service animals or any other information regarding persons with disabilities, please visit the ADA's website. (Please be aware that clicking on this link will bring you outside this website.)
In recent years, the press has reported on large trusts established for beloved pets. Leona Helmsley left $12 million in trust (later reduced by the court to $2 million) for her Maltese dog, Trouble. In 1993, Doris Duke, the tobacco heiress, left $100,000 to her Shar-pei, Rodeo. It is reported that actress Betty White is intending to leave all of her approximately $5 million estate to benefit her animals. British pop singer, Dusty Springfield's 1999 will bequeathed a lifetime supply of imported baby food to feed her beloved cat Nicolas. Global media leader, Oprah Winfrey, has often spoken about her intentions to provide for her animals to live their lives in luxury.
In 1993 a change occurred to the Uniform Probate Code - the legal model used by many states - to allow pet trusts to exist for the length of the pet's life. UNIF. PROB. CODE § 2-907, cmt. (1990). Many states then drafted their own laws.
If a pet may possibly survive the life of their human, and especially if the pet has special needs, people should insure that their pets will be provided for and not abandoned.
ROLE OF THE ATTORNEY
The fundamental goal of a pet owner’s attorney is to carry out the pet owner’s intent to the fullest extent allowed under applicable law. Accordingly, the attorney should select a method which has the highest likelihood of working successfully to provide for the pet after the owner’s death. As Ms. Helmsley's case proved, leaving an amount which might "shock the conscious" might fail legal scrutiny, and this would be a matter to discuss with your attorney.
This link will bring you to a pamphlet published by the New York State Bar Association's Committee on Animal Law - Legalease on Animal Law. It contains helpful information about relevant law.
OTHER THOUGHTS
The New York Times, "The Opinionator", March 16, 2011, published an editorial entitled, "Some Animals are More Equal than Others", by Mark Bittman. We agree that our society still distinguishes between the ethical treatment of pet animals and those raised for food. Our hope is that all animals will be treated with the care and respect that is deserved.
Photo by Brent BuellLEGAL UPDATE - DEFINITION OF A SERVICE ANIMAL
March 15, 2011 - legislation took affect as to the definition of a service animal under the Department of Justice’s Americans with Disabilities Act (ADA) regulations.
The new regulations now define "service animal" as a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability.
The rule states that other animals, whether wild or domestic, do not qualify as service animals. Dogs that are not trained to perform tasks that mitigate the effects of a disability, including dogs that are used purely for emotional support, are no longer considered to be service animals.
The final rule also clarifies that individuals with mental disabilities who use service animals that are trained to perform a specific task are protected by the ADA.
For more information about the new regulatory provisions regarding service animals or any other information regarding persons with disabilities, please visit the ADA's website. (Please be aware that clicking on this link will bring you outside this website.)
