Wills and Trusts

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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.
Wills and Trusts
WV - Pet Trust - § 44D-4-408. Trust for care of animal These West Virginia statutes regulate trusts for the care of animals. A pet trust may be created to provide for the care of an animal alive during the grantor's lifetime. The trust terminates upon the death of the animal. Property of a trust may be applied only to its intended use. A trust may be enforced by a person appointed in the terms of the trust instrument or by a person appointed by the court.
WY - Trust - § 4-10-409. Trust for care of animal This statute represents Wyoming'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 last animal named in the trust.

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