|
Home
About HART
Available for Adoption
Dogs A - F
Dogs G - L
Dogs M - P
Dogs Q - Z
Breed Search
Cats
New Arrivals
Special Needs
Pets
Overlooked Friends
Sponsored Pets
Upcoming Events
Adoption Process
Online Application
How to Donate
How To Help
Volunteer
Foster Program
Giving Up Your Pet
Helpful Information
Missing Pets
Alumni Updates
Adopted!
Dogs A-L
Dogs M-Z
Puppies
Cats
 Memorials
Contact Us
Designate HART
United Way #8363,
CFC #75875
Businesses with H.A.R.T.
| |
Estate Planning With Your Pet
What happens to your beloved pets when you can no longer
care for them? Many people never take the time to prepare for just such
an occurrence. If the pets are lucky a family member or friend will
agree to take them in or they may end up with a no-kill rescue group.
Unfortunately, many of these beloved pets end up in a shelter where their time
is limited and they must fight to survive. At HART we have seen this
tragedy repeated time and time again.
When Bonnie and Basil’s caretaker died, their family
turned them out of the house. Basil was found tied to a stake by the
garbage dump and Bonnie was found running free. When Mikey, Nikki and
Tabetha’s person went into a nursing home, all three were left in their home
alone to fend for themselves. No one had been appointed to take care of
them. The story is repeated over and over again, because many do
not think to plan for their pet’s future without them.
Please do all you can to keep it from happening to you
and your
beloved pet. They are counting on you to provide for them for their
entire life.
What can you do to protect your furry family member from
this fate? There are several things. First of all you should take
three important steps to assure that the animal will receive proper care
immediately upon you being unable to look after the animal.
 |
Carry an "animal
card" in your wallet or purse. This card should contain information
about the pet such as its name, type of animal, location where housed, and
special care instructions along with the information necessary to contact
someone who can obtain access to the pet. If you are injured or killed,
emergency personnel will recognize that an animal is relying on your return
for care and may notify the named person or take other steps to locate and
provide for the animal. The animal card will help assure that the animal
survives to the time when your plans for the pet’s long-term care take effect.
|
|
Next you should
prepare an "animal document." The document
should contain the same information as on the animal card and perhaps
additional details as well. You should keep the animal document in the same
location where you keep your estate planning documents. The benefit of this
technique is basically the same as for carrying the animal card, that is, an
enhanced likelihood that your desires regarding the pet will be made known to
the appropriate person in a timely manner.
|
|
Finally, you
should provide a sign regarding the pets
on entrances to your home. These notices will alert individuals entering
the house or apartment that pets are inside.
|
Now that you know your pets will be cared for immediately after an injury
or your death, it is time to plan for their long term care.
Courts have disallowed most types of estate planning for
pets. The result of this disallowance is that the attempted gift to the
pet fails, and is instead redirected to another beneficiary of the decedent’s
estate.
The reasons for the reluctance on the part of courts to
allow estate planning for pets are technical. For instance, you cannot
leave property to a pet in your will because a pet is property in the eyes of
the law. For similar reasons, you cannot leave property in trust for a
pet because, as property, a pet cannot hold equitable title to the property,
nor enforce the trustee’s duties.
In addition to these reasons, trusts for pets violate the
legal doctrine known as “the rule against perpetuities.” This rule
prevents trusts from lasting forever by tying the term of the trust to the
life of a beneficiary. To the great dismay of cats (who have nine
lives) and other furry creatures, the rule requires that the term of the trust
be measured in human lives.
So what can be done?
|
Designate Trust Beneficiary/Animal Caretaker
- Thoughtfully select a caretaker for your pet. This person
becomes the actual beneficiary of the trust. The caretaker should be
sufficiently savvy to understand the basic functioning of a trust and his or
her rights. Locate a beneficiary/caretaker who is willing and able
to care for the animal in a manner that you would find acceptable. The
prospective caretaker should be questioned before being named to make certain
the caretaker will assume the obligation of caring for the pet, especially
when the pet is in need of medical care or requires special attention as it
ages. The pet and the prospective caretaker should meet and spend quality time
together to make sure they, and the caretaker’s family, get along harmoniously
with each other. You should name several alternate caretakers should the
first choice be unable to serve for the duration of the pet’s life. To prevent
the pet from ending up homeless, you may authorize the trustee to select a
good home for the pet should none of the named individuals be willing or able
to accept the animal.
|
|
Nominate Trustee -
Select the trustee with care and check with the trustee before making a
nomination. The trustee, whether individual or corporate, must be willing to
administer the property for the benefit of the pet and to expend the time and
effort necessary to deal with trust administration matters. Name alternate
trustees should the named trustee be unable to serve until the trust
terminates.
|
|
Bequeath Animal to Trustee, in Trust
- Bequeath the animal to the trustee, in trust, with
directions to deliver custody of the pet to the beneficiary/caretaker. If you
have left instructions in an animal card or document, the pet may actually
already be in the possession of the caretaker.
|
|
Determine Amount of Other Property to Transfer to Trust
- Carefully compute the amount of property necessary to care for the animal
and to provide additional payments, if any, for the caretaker and the trustee.
Many factors will go into this decision such as the type of animal, the
animal’s life expectancy, the standard of living you wish to provide for the
animal, and the need for potentially expensive medical treatment. Adequate
funds should also be included to provide proper care, be it a pet-sitter or a
boarding facility, when the caretaker is on vacation, out-of-town on business,
receiving care in a hospital, or is otherwise temporarily unable to personally
provide for the pet.
|
|
Describe Desired Standard of Living -
Specify the type of care the beneficiary is to give the animal and the
expenses for which the caretaker can expect reimbursement from the trust.
Typical expenses would include food, housing, grooming, medical care, and
burial or cremation fees. You may also want to include more detailed
instructions.
|
|
Specify Distribution Method - Specify how
the trustee is to make disbursements from the trust.
|
|
Establish Additional Distributions for Caretaker
- Determine whether the trustee should make distributions to the
caretaker above and beyond the amount established for the animal’s care. The
caretaker may feel more duty bound to provide good care if the caretaker is
receiving additional distributions contingent on providing appropriate care.
|
|
Limit Duration of Trust - The duration of
the trust should not be linked to the life of the pet. The measuring life of a
trust must be a human being unless state law has enacted specific statutes for
animal trusts or has modified or abolished the rule against perpetuities.
|
|
Designate Remainder Beneficiary - Clearly
designate a remainder beneficiary to take any remaining trust property upon
the death of the pet. Otherwise, court involvement will be necessary with the
most likely result being a resulting trust for the benefit of the owner’s
successor’s in interest. You may wish to consider naming a charity which
benefits animals as the remainder beneficiary. You must precisely state the
legal name and location of the intended charitable beneficiary so the trustee
will not have difficulty ascertaining the appropriate recipient of the
remainder gift.
|
|
Identify Animal to Prevent Fraud -
Clearly identify the pet which is to receive care under the trust. If this
step is not taken, an unscrupulous caretaker could replace a deceased, lost,
or stolen pet with a replacement so that the caretaker may continue to receive
benefits.
|
|
Require Trustee to Inspect on a Regular Basis
- Require the trustee to make regular inspections of the pet to determine its
physical and psychological condition. The inspections should be at random
times so the caretaker does not provide the pet with extra food, medical care,
or attention merely because the caretaker knows the trustee is coming. The
inspections should take place in the caretaker’s home so the trustee may
observe first-hand the environment in which the pet is being kept.
|
|
Provide Instructions for Final Disposition of Animal
- Include instructions for the final disposition of your beloved pet when they
die.
|
|
Contact Information