And I Leave Fido and Rover the Sum of …

Submitted by Mark Esposito, Guest Blogger

Pet owners may be getting new rights if Massachusetts Governor Deval Patrick signs the new pet trust bill into law. Under the statute, a pet owner will be able to designate a guardian for their animals in their will and to provide funds for their upkeep. The trust provision is now mandatory and will alleviate the current practice of permitting the executor to dispose of the pet set-aside funds as he/she sees fit. The measure is also expected to alleviate the financial burden on towns who must care for pets abandoned after the death of their masters.

“It’s become clear this is something that’s important to people,” said Kara Holmquist, director of advocacy for the Massachusetts Society for the Prevention of Cruelty to Animals. The bill also permits the establishment of inter-vivos trusts for pets by their masters during their lifetime according to Donna Turley, Esq., who drafted the legislation. However, lest you think this fodder for a new episode of “Animal Hoarders,” the law also permits the Court to intervene if the amount is deemed excessive, according to Turley.

One wonders if we will now have a new category of glitterati — the “Trust Puppy.”

Source: Yahoo News
~Mark Esposito, Guest Blogger

11 thoughts on “And I Leave Fido and Rover the Sum of …”

  1. Would that not be an opportunity for people to abuse the inheritance laws by attributing a larger share to someone, under cover of this “pet guardian” law? Of course this only applies if there are legal requirements for shares, which I know nothing about.

  2. Swarthmore,
    Sorry to take so long to respond, but yes we have Pet trusts. I haven’t done much with them, but people do bring up their pets often.
    AY and Lottakatz,
    It doesn’t take much for families to have arguments when it comes to estate assets. I have seen them argue over used lawnmowers almost to the point of a fight breaking out.

  3. This seems to be needed. My family sued an Aunt that established a trust for this specific purpose. They lost but the riff was never healed.

  4. From article: “…lest you think this fodder for a new episode of “Animal Hoarders,” the law also permits the Court to intervene if the amount is deemed excessive, according to Turley.”

    I never liked the idea that a third party could interfere with the disposition of someone’s estate in the face of a properly executed will.

  5. Rafflaw: I thought Illinois must have pet trusts as I am executor of a will with a pet trust.

  6. Illinois has had the Pet Trusts for a few years and I am stil surprised how many people want to discuss the needs of their pet(s) when they are gone.

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