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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
DE - Trust for care of an animal - Chapter 35. Trusts 12 Del.C. § 3555 DE ST TI 12 § 3555 Delaware enacted its pet trust law in 2006. A trust for the care of one or more specific animals living at the settlor's death is valid. The trust terminates upon the death of all animals living at the settlor's death and covered by the terms of the trust. Statute
DC - Trust for care of animal - Chapter 13. Uniform Trust Code. DC CODE § 19-1304.08 DC ST § 19-1304.08 This statute represents the District of Columbia'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
CT - Pet Trust - Chapter 802C. Trusts C. G. S. A. § 45a-489a CT ST § 45a-489a Connecticut enacted its "pet trust" law in 2009. Under the law, a testamentary or inter vivos trust may be created to provide for the care of an animal or animals alive during the settlor's or testator's lifetime. The trust terminates when the last surviving animal named in the trust dies. The trust must designate a "trust protector" who acts on behalf of the animals named in the trust. Statute
CO - Trusts for Pets - Article 11. Intestate Succession and Wills. C. R. S. A. § 15-11-901 CO ST § 15-11-901

This Colorado statute provides that trust for the care of designated domestic or pet animals and the animals' offspring in gestation is valid.  The determination of the "animals' offspring in gestation" is made at the time the designated domestic or pet animals become present beneficiaries of the trust. Unless the trust instrument provides for an earlier termination, the trust terminates when no living animal is covered by the trust (but no longer than 21 years).  The trust property then transfers as provided by statute, but the trustee may not covert the trust property.

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
Brief Overview of Pet Trust Laws Rebecca F. Wisch Animal Legal & Historical Center

This brief overview discusses how pet trusts can help owners care for their pets in the event of disability or death.

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AZ - Pet Trusts - Honorary trusts; trusts A. R. S. § 14-2907; A. R. S. § 14-10408 AZ ST § 14-2907; AZ ST § 14-10408 This Arizona statute allows for the creation of a trust for a designated domestic or pet animal, and must be performed in 21 years or less. The trust terminates when no living animal is covered by the trust; the remaining property is distributed according to statute and cannot be converted by the trustee. 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
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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