|
Separation, Custody, and Estate Planning Issues Relating to Companion Animals |
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.
|
|
THE STATUTORY PET TRUST : RECOMMENDATIONS FOR A NEW UNIFORM LAW BASED ON THE PAST TWENTY-ONE YEARS |
|
|
TN - Trusts - § 35-15-408. Trust for care of animal. |
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. |
|
TX - Trusts - Chapter 112. Creation, Validity, Modification, and Termination of Trusts. |
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. |
|
UT - Trusts - § 75-2-1001. Honorary trusts--Trusts for pets |
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. |
|
VA - Trusts - § 64.2-726. Trust for care of animal |
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. |
|
VT - Trusts - § 408. Trust for care of animal |
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. |
|
WA - Trusts - Chapter 11.118. Trusts--Animals |
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. |
|
WI - Trust - 701.0408 Trust care for an animal |
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. |
|
Wills & Trusts - Pet Animals: What Happens When Their Humans Die? |
(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.
|
