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Displaying 1 - 10 of 73
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| In re Searight's Estate | 87 Ohio App. 417 (1950) | 95 N.E.2d 779 (Ohio App., 1950) | This Ohio case dealt with a deceased testator's will that bequeathed his dog to a certain person, including $1000 to be used for the care of the dog. The issues in this case were whether the testamentary bequest for the care of the dog was valid in Ohio as a proper subject of a "honorary trust," whether the bequest violated the rule against perpetuities, and whether the bequest was subject to the inheritance tax laws of Ohio. Ohio's Ninth District Court of Appeals held: 1) the testator's purpose was not capricious or illegal, and that such gift, whether designated as an 'honorary trust' or a gift with a power which is valid when exercised, is lawful; 2) such a bequest does not, by the terms of the will, violate the rule against perpetuities; and 3) a succession tax based on the amount of money expended for the care of the dog cannot lawfully be imposed, since the money is not property passing for the use of a "person, institution or corporation." | Case |
| MT - Trusts - Chapter 2. Upc--Intestacy, Wills, and Donative Transfers. | MCA 72-2-1017 | MT ST 72-2-1017 | This Montana statute states that a trust for the care of a designated domestic or pet animal is valid (but for no longer than 21 years, even if the trust provides for a longer term). The trust terminates when no living animal is covered by the trust. Extrinsic evidence is admissible in determining the transferor's intent. Except as expressly provided otherwise in the trust instrument, no portion of the principal or income may be converted to the use of the trustee or to any use other than for the trust's purposes or for the benefit of a covered animal and a court may reduce the amount of the property transferred if it determines that that amount substantially exceeds the amount required for the intended use. | Statute |
| AL - Trust - § 19-3B-408. Trust for care of animal | Ala. Code 1975 § 19-3B-110; Ala. Code 1975 § 19-3B-408 | AL ST § 19-3B-110; AL ST § 19-3B-408 | Alabama's pet trust law was enacted in 2006. A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. | Statute |
| OH - Trust - Chapter 5804. Creation, Validity, Modification and Termination of Trust | R.C. § 5804.08 | OH ST § 5804.08 | Ohio enacted its pet trust law in 2007. A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. | Statute |
| MO - Trust - Creation of trust, care of living animals | V.A.M.S. 456.4-408 | MO ST 456.4-408 | This Missouri statute represents the state's pet trust law. The law provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. | Statute |
| AR - Trusts - Trust for care of animal. | A.C.A. § 28-73-408 | AR ST § 28-73-408 | This statute represents Arkansas' pet trust law. The law provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. | Statute |
| TN - Trusts - § 35-15-408. Trust for care of animal. | T. C. A. § 35-15-408 | TN ST § 35-15-408 | This Tennessee trust law, amended in 2007, provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settlor's lifetime, upon the death of the last surviving animal. The trust may not be enforced for more than 90 years. | Statute |
| MD - Pet Trust - §Title 14. Trusts. | MD Code, Estates and Trusts, § 14.5-407 | MD EST & TRST § 14.5-407 | Maryland enacted its original "pet trust" law in 2009. The law was then repealed and reenacted in 2015 under a different section. Under the law, a trust may be created to provide for the care of an animal alive during the lifetime of the settlor. The trust terminates when the last animal subject to the trust dies. The property of the trust may only be used for the intended purpose of the trust (e.g., taking care of the animal). | Statute |
| CA - Trusts - § 15212. Trusts for care of animals; duration; requirements; accountings; beneficiaries | West's Ann. Cal. Prob. Code § 15212 | CA PROBATE § 15212 | This California statute provides that a person can create a trust for the care of a designated domestic or pet animal for the life of the animal. The duration will only be for the life of the pet, even if the trust instrument contemplates a longer duration. Note that the statute uses the singular form of "animal" and the term "domestic" or "pet" is used. | Statute |
| WA - Trusts - Chapter 11.118. Trusts--Animals | West's RCWA 11.118.005 - 110 | WA ST 11.118.005 - 110 | The purpose of this chapter is to recognize and validate certain trusts that are established for the benefit of animals (nonhuman animal with vertebrae). The trust can be for one or more animals provided they are individually identified or labeled in the instrument so that they may be easily identified. Unless otherwise provided in the trust instrument or in this chapter, the trust will terminate when no animal that is designated as a beneficiary of the trust remains living. | Statute |