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Displaying 61 - 70 of 73
Titlesort descending Author Citation Alternate Citation Summary Type
Separation, Custody, and Estate Planning Issues Relating to Companion Animals Rebecca J. Huss 74 Univ. Colo. Law Review 181 (2003)

The article considers the role of companion animals in today's family in the United States. It explores the legal aspect of pets as it relates to their status as property, as well as the issues of separation and estate planning for such animals.

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THE STATUTORY PET TRUST : RECOMMENDATIONS FOR A NEW UNIFORM LAW BASED ON THE PAST TWENTY-ONE YEARS Shidon Aflatooni 18 Animal L. 1 (2011)

Nearly three-fourths of American households include pets. Often, these pets are considered to be members of the family and are cared for as such. When a pet owner dies, however, questions often arise as to who will be responsible for continuing to care for the animals. Previously, probate and trust laws did not allow pet owners to provide for the care of their pets after death. In 1990, the National Conference of Commissioners on Uniform State Laws (NCCUSL) enacted the first pet trust statute in the Uniform Probate Code.

Since then, the NCCUSL passed the Uniform Trust Code, which included a pet trust provision, and currently forty-six states and the District of Columbia have passed statutes specific to pet trusts. These laws are designed to create enforceable trusts for the care of animals after an owner’s death. Variations in these statutes across jurisdictions, however, lead to situations where a pet owner’s wishes may not be honored or enforced. This Article analyzes the statutory language found in the Uniform Probate Code, the Uniform Trust Code, and various state statutes relating to pet trusts. This Article identifies the strengths, weaknesses, and purposes of the pet trust statutes, and it concludes with a draft of improved pet trust legislation that will be beneficial to pet owners, trustees, caretakers, and pets alike.

 Article
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
TX - Trusts - Chapter 112. Creation, Validity, Modification, and Termination of Trusts. V. T. C. A., Property Code § 112.037 TX PROPERTY § 112.037 This Texas statute comprises the state's pet trust law. A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates on the death of the animal or, if the trust is created to provide for the care of more than one animal alive during the settlor's lifetime, on the death of the last surviving animal. The law also provides a distribution schedule for the trust's remaining assets. Statute
UT - Trusts - § 75-2-1001. Honorary trusts--Trusts for pets U.C.A. 1953 § 75-2-1001 UT ST § 75-2-1001 This Utah statute provides that a trust for the care of a designated domestic or pet animal is valid. The trust terminates when no living animal is covered by the trust. Trusts under this section shall be liberally construed to presume against the merely precatory or honorary nature of the disposition, and to carry out the general intent of the transferor. Statute
VA - Trusts - § 64.2-726. Trust for care of animal VA Code Ann. § 64.2-726 VA ST § 64.2-726 This Virginia pet trust law becomes effective July 1, 2006. 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
VT - Trusts - § 408. Trust for care of animal 14A V.S.A. § 408 VT ST T. 14A § 408 This Vermont law enacted in 2009 allows the creation of a trust to provide 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
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
WI - Trust - 701.0408 Trust care for an animal W.S.A. 701.1110; 701.0402; 701.0408 WI ST 701.1110; 701.0402; 701.0408 This statute represents Wisconsin's pet trust law. The former law was not a specific pet trust law, but the new law is. The new provisions allows for a trust to be created for the care of an animal alive during the settlor's lifetime. Statute
Wills & Trusts - Pet Animals: What Happens When Their Humans Die? Gerry W. Beyer 40 SANCLR 617 (2000)

(From article) This article chronicles the evolution of enforcing after-death gifts for the benefit of pet animals. Part II reviews the common law background. Part III details the wide variety of approaches adopted by United States courts, legislatures, and commentators. These approaches treat after-death gifts for pets in three basic categories: (1) invalid; (2) tolerated, but not enforceable; and (3) valid and enforceable. After establishing the current milieu in which a pet owner must function, Part IV recommends the steps an owner may take to maximize the chances of the pet receiving the desired care after the owner's death.

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