Wills and Trusts

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AK - Trusts - § 13.12.907. Honorary trusts; trusts for pets This Alaska statute provides that trusts for the continuing care of designated domestic animals are valid, provided they are a duration of 21 years or less. The trust terminates when a living animal is no longer covered by the trust. Any remaining trust funds do not go to the trustee, but rather transfer by the order stipulated in the statute.
AL - Trust - § 19-3B-408. Trust for care of animal 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.
America Gets What it Wants: Pet Trusts and a Future for its Companion Animals


The pet trust has earned wide acceptance despite its unique non-human and noncharitable nature and has been adopted relatively quickly compared to other novel types of trusts. This comment reviews the history and characteristics of pet trusts to determine why they have been so widely recognized and to explore how the growth in their use and acceptance may be predictive of the development of trusts in the future.

An Introduction to Pet in Wills and Pet Euthanasia


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.

AR - Trusts - Trust for care of animal. 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.
AZ - Pet Trusts - Honorary trusts; trusts 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.
Brief Overview of Pet Trust Laws


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

CA - Trusts - § 15212. Trusts for care of animals; duration; requirements; accountings; beneficiaries 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.
CO - Trusts for Pets - Article 11. Intestate Succession and Wills.


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.

CT - Pet Trust - Chapter 802C. Trusts 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.

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