Don't forget to
provide for your pet's future after you are gone.
edited by
Joanne Skidmore
Because pets usually have shorter life spans than their human caregivers, you
may have planned for your animal friend's passing. But what if you are the one
who dies first? As a responsible guardian, you provide your pet with food and
water, shelter, veterinary care and love. To ensure that your beloved pet will
continue to receive this care should something happen to you, it is critical to
plan ahead.
What can I do now to prepare for the unexpected?
Or, how to prevent your beloved Sammie from being home alone for days.
Establishing an honorary trust for your pet
Some states now provide for the existence of
honorary pet trusts (or something similar), which allow for a pet owner to
ensure his or her pets are well provided for. If permitted by your state law,
this trust would be a testamentary trust meaning that it will come into being
at the time of your death. Careful consideration should be given to who is
selected as trustee. The trustee
has a legal obligation to protect and appropriately apply funds left in trust.
If a trustee is to be designated under an owner's will, the trustee should be
someone the pet owner trusts quite well and is capable of caring for the pet.
Things to consider when determining who to ask to take on the
responsibilities for your pets:
Does the person have a large enough home or
apartment to accommodate the pet?
What happens if this person is no longer able
to serve as trustee for any reason?
What happens if a pet owner moves to another
state? Some states do not have comparable honorary pet trust laws and some
states have variations of the Iowa law.
Is the life span of the pet to be provided for
in excess of 21 years (the allowed duration of many honorary pet trusts)?
What
are the tax consequences of the honorary trust?
What
can you do if your state does not have such a law? Consider leaving a specified amount of money to the
caregivers you have selected rather than to your pet in trust.
An estate planning professional should be consulted to assist with the proper drafting of the honorary pet trust or other provisions for your pets to allow someone to properly care for beloved pets and for the trust to survive scrutiny under law.
Adapted
and reprinted with permission. Tom L. Colvin, Executive Director, Animal Rescue
League of Iowa, Inc. 5452 N.E. 22nd Street, Des Moines, Iowa 50313
(Reprinted with Permission from the NISA Rescue Review--June, 2006)