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Displaying 61 - 70 of 73
Title Authorsort descending Citation Alternate Citation Summary Type
SC - Trust - § 62-7-408. Trust for care of animal Code 1976 § 62-7-408 SC ST § 62-7-408 South Carolina's pet trust law was originally enacted in 2006. A trust may be created to provide for the care of an animal or animals alive or in gestation during the settlor's lifetime, whether or not alive at the time the trust is created. The trust terminates upon the death of the last surviving animal. Statute
MA - Pet Trust - Chapter 203. Trusts. M.G.L.A. 203E § 408 MA ST 203E § 408 (formerly MA ST 203 § 3C) In 2011, Massachusetts enacted this law, which allows the creation of a trust for the continuing care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the last animal named in the trust. A court may reduce the amount of property held by the trust if it determines that the amount substantially exceeds the amount required for the intended use and the court finds that there will be no substantial adverse impact in the care, maintenance, health or appearance of the covered animal. The statute was renumbered in 2012. Statute
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.

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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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An Introduction to Pet in Wills and Pet Euthanasia Suzette Daniels Michigan State University - Detroit College of Law

This paper examines several issues related to estate planning and companion animals. Included in the discussion are pet trusts, new provisions of the Uniform Probate Code, and will-stipulated euthanasia of pets.

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Detailed Discussion of Pet Trusts Thomas Dickinson Animal Legal & Historical Center This article explores the history of trusts created for the care and maintenance of companion animals under common law. It then examines the enactment of state pet trust laws, which now allow individuals to establish trusts to care for pets after their death. Finally, the paper discusses recent challenges in court to pet trusts for excessive amounts. Article
Pet Trusts and Other Estate Issues David S. Favre Animal Legal & Historical Center

This overview explores the recent changes in probate law related to wills and trusts for the continuing care of animals.

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INCORPORATING ANIMAL LAW INTO PRIVATE PRACTICE Holly Anne Gibbons 16 Animal L. 207 (2010)

This introduction to Volume 16, part 2 is an author-based account of her experience incorporating animal law into her private law practice.

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Ensure Your Pet's Future: Estate Planning for Owners and Their Animal Companions Rachel Hirschfeld 9 Marq. Elder's Advisor 155 (2007)

This article discusses the increased desire among pet owners to provide care for their pets during life and even after death. Pet owners can now create enforceable legal instruments to provide care for their pets in the event of disability or death. The article alerts practitioners to specific considerations in drafting such agreements including arrangements for specific care and possible tax ramifications.

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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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