Wills and Trusts

Displaying 51 - 60 of 73
Titlesort ascending Summary
IN - Trust - 30-4-2-18. Trust to provide for care of an animal alive during settlor's lifetime Indiana's pet trust law was enacted in 2005. The trust terminates upon the death of the animal or upon death of last surviving animal alive during settlor's lifetime. Property of a trust authorized by this section may be applied only to the trust's intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the trust's intended use.
IN - Law enforcement - Chapter 42.5. Burial with Law Enforcement Animals or Service Animals This chapter allows the cremated remains of a deceased law enforcement or military animal of a deceased owner to be scattered, placed, or interred in a manner described in this subsection before, after, or in conjunction with the interment of the remains of the deceased owner. The deceased animal's cremated remains may be scattered or placed on top of the deceased owner's burial plot or interred on top of the deceased owner's burial plot as long as the interment of the deceased animal's cremated remains does not encroach on a neighboring burial plot, involve disinterment of the owner, or involve digging greater than one foot of depth. The person owning the deceased animal must consent in writing and give this consent to the cemetery owner. If the deceased owner does not own the animal at the time of the deceased animal's death, the deceased owner may provide written notice in his or her last will, in a written designation to the cemetery, or in a funeral planning declaration.
IL - Pet Trusts - Chapter 760. Trusts and Fiduciaries. This Illinois law represents the state's pet trust law. The trust terminates when no living animal is covered by the trust. A trust instrument shall be liberally construed to bring the transfer within this Section, to presume against a merely precatory or honorary nature of its disposition, and to carry out the general intent of the transferor. Extrinsic evidence is admissible in determining the transferor's intent.
ID - Pet Trusts - CHAPTER 7. TRUST ADMINISTRATION. This Idaho statute represents Idaho's relevant pet trust law. The law, while not termed a pet trust, provides that a person may create a "purpose trust." This trust does not require a beneficiary and may instead just name a person to enforce the trust.
IA - Trusts for Pets - Chapter 633A. Iowa Trust Code. This Iowa statute allows for the creation of a trust for the continuing care of animal living at the settlor's death (note that actual text does not state "domestic" or "pet" animal). This type of trust, allowed generally through the provisions for lawful noncharitable trusts, is valid for up to twenty-one years, whether or not the terms of the trust contemplates a longer duration. The trust terminates when when no living animal is covered by its terms.
HI - Trusts for domestic or pet animals. - [§ 554D-408]. Trust for care of animal This statute represents Hawaii's pet trust law (note: this new section replaces former H.R.S. § 560:7-501). A trust for the care of one or more designated domestic or pet animals shall be valid. The trust terminates when no living animal is covered by the trust. A governing instrument shall be liberally construed to bring the transfer within this section, to presume against the precatory or honorary nature of its disposition, and to carry out the general intent of the transferor. Extrinsic evidence shall be admissible in determining the transferor's intent.
Grey v. Johansson This suit was filed after Grey and Johansson entered into a disagreement about who was the rightful owner of Johansson’s late wife’s horse, Navy. Grey was Johansson’s lawyer and was left responsible for caring for and handling all sales regarding her horses after her death. Grey filed suit for fraud and defamation against Johansson after he publicly referred to Grey as a “horse stealer.” Ultimately, the court held that Grey did not produce enough to evidence to establish a case for either fraud or defamation against Johanasson. Although Johanasson did call Grey a “horse stealer,” the court found that this comment was protected by judicial privilege.
GA - Trust for the care of an animal; creation; termination - Chapter 12. Trusts This Georgia law enacted in 2010 provides that a trust may be created to provide for the care of an animal that is alive during the settlor's lifetime. The trust shall terminate upon the death of such 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.
FL - Trust, animal - Chapter 736. Florida Trust Code This Florida statute provides that 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 was 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.
Ensure Your Pet's Future: Estate Planning for Owners and Their Animal Companions


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.

Pages