Aunt Betty's Pet Trust

"body">and distribute the assets. A caregiver is also appointed
My Aunt Betty's closest companions have alwaysto physically take possession and care for your pets.
been her cats. Ever since I was a boy, my familyIf you don't know a trustee or caregiver, check with
never traveled to the Midwest to visit just Betty. It wasthe local humane society or other animal organization in
always Betty and Roscoe or Betty and Fluffy. She'syour area. Many of these organizations have
always loved those feline friends and, as age crept upprograms set up to assist in this matter.
on her, she started to speculate what would becomePet Trusts do not come without some concerns.
of them upon her eventual demise.It is important to understand that while trusts can be
Apparently Betty thought this was a concern of mineset up for pets, leaving property to an animal via a will
as well because over the weekend I received ais still not recognized.
telephone call to say all was taken care of - a PetIf a pet is very young, you might also run across the
Trust has just been signed."rule against perpetuities," which forbids a trust going on
Doris Duke, the tobacco heiress, was one of the firstforever. This shouldn't be a problem with a 13 year old
to set up such a trust when she left $100,000 todog, but what if you die with a 3 year old tortoise?
Rodeo, her Shar-Pei. Others followed, but courts oftenRecently, a tortoise died in India that was estimated to
frowned on their validity because the trust was notbe 255 years old. Adwaitya (the tortoise's name) could
based on a human life.have wracked legal havoc with a trust.
This changed in 1993 when a number of statesAunt Betty is lucky enough to live in a state that allows
starting adopting model legislation drafted by thetrusts but, even if she didn't, some alternative plans are
Uniform Probate Code, which allowed trusts topossible. Leaving her pet (and money to take care of
continue for a pet's lifetime. Arizona, California,it) to an individual willing to love Fluffy is one of them.
Colorado, Hawaii, Missouri, Montana, New Mexico, NewAs with any kind of estate planning, a competent
York, Nevada, North Carolina, Oregon, Tennessee,attorney should be used who has some experience in
Utah and Wisconsin all allow some form of pet trust.this area.
You can have the trust take effect whenever you'reIf it's important to you that Fido continues on the gravy
unable to care for your pets, usually upon death ortrain even after you've ridden your last train, then a Pet
disability. Like other trusts, you fund the instrument withTrust is something to look into.
enough assets to take care of your pets for theirNow if I could only learn to meow and lick myself
expected lifetime. As a general rule, the amount shouldclean, maybe Betty would set up a trust for me.
not be "excessive." A trustee is appointed to oversee