Pet trusts were once seen as the eccentric indulgences of the wealthy, but today, they are recognized as a practical part of estate planning. In 2016, Minnesota became the last of the 50 states to legally recognize pet trusts. However, not all pet trusts perfectly reflect the owner's intentions. Let’s explore six famous pet trust cases and learn how to create a plan that truly protects your pets.
Lesson: Leaving an excessive sum to a pet can lead to legal challenges and family conflicts. It’s important to leave a reasonable amount based on the actual cost of care for your pet’s remaining years. Discuss any disinheritance plans with your attorney to make them as solid as possible.
Lesson: Using a trust helps maintain privacy regarding your estate’s details, preventing public scrutiny.
Lesson: Pet trust benefits can extend across generations, so ensure your estate plan clearly reflects your intentions for future pets.
Lesson: You can be creative in ensuring your pet receives proper care after your passing by designating trusted organizations or individuals to manage their care.
Lesson: Don’t assume someone will automatically care for your pet. Plan ahead by choosing a reliable caretaker and putting your wishes in writing.
Lesson: Ensure your financial plan aligns with your estate plan and closely monitor your advisors to protect your assets.
Protecting Your Pets with a Pet Trust
Establishing a pet trust is the most reliable way to ensure your pets are cared for after your death. If you haven’t yet made arrangements for your pets in your estate plan, now is the time. A Nevada trust attorney can help you set up a new pet trust or incorporate one into your existing plan. Contact us today to safeguard your pets' future.
Planning for your pet's future in your estate plan is essential to ensure they are cared for after you're gone. A common and effective way to achieve this is by setting up a pet trust, a legal tool that provides specific instructions and funds for your pet's care. However, many people make critical mistakes that can leave their pets vulnerable. Here are five common pitfalls to avoid when creating a trust and ensuring a comprehensive estate plan that protects your furry friend.
Many pet owners in Nevada and across the U.S. overlook including their beloved pets in their estate plans. While some may have plans for their pets after death, few consider what happens if they become incapacitated. Planning for your pets through tools like pet trusts and pet wills can ensure your animal companions are well cared for, even during times of personal incapacity or after your passing.
Incorporating pets into your estate plan isn’t just a loving gesture—it’s essential for ensuring they receive the care they deserve, no matter what happens to you. Whether through temporary arrangements for a caregiver or long-term planning with a trust, protecting your pets legally guarantees they are treated as important members of your family.
Though some pet owners include pets in their wills, a pet trust offers more flexibility and control. A pet trust is a legal document that ensures funds are set aside for your pet’s care, with a trustee overseeing the process. The trust applies not only after your death but also during periods of incapacity. This feature helps protect pets if you become unable to care for them due to illness or disability.
All 50 states, including Nevada, allow pet trusts. In a trust, you can designate caretakers and specify detailed instructions for your pet's care, covering essentials like food, shelter, and veterinary attention. You can also include provisions for multiple pets or different species, ensuring they receive the appropriate resources.
While a pet will allows you to leave your pet to someone as part of your estate, it has several limitations. Wills only take effect after death, so they don’t cover incapacity situations. Furthermore, the person named to care for your pet in a will has the right to refuse, which could leave your pet’s future uncertain.
Naming alternate pet guardians in your will can help, but it’s also vital to recognize that many organizations, like shelters, may not be equipped for long-term care. This makes a pet trust a more reliable tool for securing your pet’s future.
Planning for incapacity is crucial because pets often end up in shelters if their owners become ill or incapacitated. According to reports, millions of pets enter shelters every year, with some facing euthanasia due to a lack of provisions for their care. A properly structured pet trust or pet will ensures that your animal is never left in limbo during such emergencies.
In addition to pet trusts and wills, a pet care power of attorney can help address care during incapacity. This legal document gives someone the authority to make decisions on your behalf regarding your pet. You can specify what types of care your pet should receive and who will oversee that care, ensuring your pet’s needs are met no matter your situation.
If you are one of the millions of Americans who considers a beloved pet to be part of the family, then you undoubtedly worry about what will happen to your pet when you are no longer here to take care of him or her. The good news is that with proper estate planning, you can provide for your pet’s care after your death by creating a pet trust.
A pet trust operates in the same basic fashion as any other trust. As the grantor of the trust, you are able to appoint a trustee and a beneficiary (your pet), as well as designate assets to fund the trust and establish rules regarding how the trust assets are to be used for the care of your pet.
The trustee of your pet trust may be the same person who is to have the day to day care of your pet, but does not have to be the same person. You may also choose to appoint a neutral party as the trustee, such as an attorney. As the grantor of the trust, you have the ability to decide things such as what the trust funds can be used for and how often distributions are to be made. You can be as specific or as general as you wish to be with the terms. For example, you may choose to dictate what type of food your pet is fed and what veterinarian is to be used ,or you may simply establish a disbursement schedule and depend on the caregiver to make all other decision.
By creating a pet trust, you are able to rest easier knowing that your pet will be well cared for even after you are gone.
When you own a dog or a cat (or any other type of pet) as a senior citizen you gain a lot of benefits. The companionship that a pet can provide can be priceless to a person who may be experiencing a bit of loneliness. Pets provide hours of free entertainment, and they can help to keep you active as you endeavor to give your pet adequate exercise.
At the same time, you do have to concern yourself with the possibility of passing away while your pet is still alive. Many people wonder exactly how they should proceed to make sure that their pet is provided for, so we have prepared a report that answers your questions.
Our report is available to you for download absolutely free of charge. If you want to obtain answers to the questions you may have about pet planning simply click this link and complete the form:
Nevada Pet Trusts
Creating a pet trust for the benefit of your animal companion will give you peace of mind knowing that your friend will be cared for even after you are gone. There will be money set aside for your animal's care, and you can leave behind instructions with regard to exactly how you want the pet cared for after your passing.
If there is anything left over in the trust after the pet dies these funds would be inherited by a beneficiary that you name when you create the trust.
We encourage you to download the free pet planning report, learn about pet trusts, and ultimately take action for the well-being of your best friend on four legs.
Life is precious and longevity is welcomed by most, but there are also some challenges that go along with it.
When you live to an advanced age you may outlive your spouse, siblings and extended family members and friends. If you are long retired you probably don't have regular interaction with coworkers. As a result, loneliness can set in.
If you find yourself in this position you may be able to fill the void by adopting or buying a dog, cat or other pet. In one fell swoop you have a best friend for life who will provide you with all sorts of benefits.
Along with the companionship you also have a reason to get more exercise, which can be great for your physical and mental health. Plus, you have an innocent and vulnerable animal depending on you, which can provide you with a sense of purpose that really adds something to your life.
Seniors who question whether or not they could handle a pet, physically, can select a smaller breed. If you were to adopt a dog, for instance, that is under 25 pounds you would likely have no physical problem.
When it comes to providing for the pet after you pass away you should consider the creation of a pet trust. If you fund the trust adequately and select the right trustee and caretaker, your pet will be set for the rest of its life even after your passing.
If you would like to learn more about pet trusts and other pet planning possibilities, simply take a moment to pick up the phone to arrange for a consultation with a qualified Reno NV estate planning lawyer.
If you are like millions of Americans, you probably own at least one pet. Have you taken the time to consider what will happen to your pet when you die? If you haven’t, now is the time to do so before it is too late.
When you die, your assets will all be secured until your executor or personal representative has the chance to inventory them and file the proper documents with the probate court. But what about your pet? Someone needs to look after your pet immediately after you die. A well meaning loved one may step in for a few days, but what happens after that? Who will pay for his or her care? Sadly, thousands of cats and dogs end up in shelters each year because their owner failed to make plans for the animal in the event of their death. You can ensure that your beloved pet is not one of these animals by creating a pet trust.
A pet trust takes all the guesswork out of your pet’s future after your death. Not only can you appoint a trustee whose job it is too ensure that the pet is well cared for, but you can also leave behind sufficient funds that are earmarked just for your pet to cover the cost of his or her care. Don’t take any chances with your pet. Take the time now to create a pet trust and give both you and your pet some peace of mind.
Anyone who owns a pet knows the love that can be shared between a human and an animal. Not surprisingly, many people want to make sure their pet is properly cared for in the event of their death in the same way they want to make sure family members are taken care of financially. One way to do that is to create a pet trust. Although a pet trust is a wonderful estate planning tool, be sure that you do not create a probate nightmare as a result of the terms of your pet trust as did the late Leona Helmsley.
For anyone not familiar with the story, Leona Helmsley was a New York hotel heiress who was known as the “Queen of Mean”. Upon her husband’s death, Helmsley bought a Maltese puppy whom she named Trouble. Trouble was an apt name as it turns out.
Helmsley created a pet trust for her beloved pooch and designated a whopping $12 million to fund the trust. As if this excessive amount was not enough to raise the attention of the probate court charged with overseeing her estate upon her death, she also disinherited many close family members, including some of her grandchildren. After a lengthy court battle, the trust was decreased by the court to $2 million and Trouble lived out the rest of his life in luxury.
Given Helmsley’s reputation, it may actually have been her intention to cause a probate battle upon her death; however, most people strive for the opposite--an estate free from challenges and lengthy probate battles. If your goal is to be sure your pets are cared for, by all means fund the trust with sufficient funds to care for your pet after your death. In most states that authorize a pet trust, there is a provision that requires the principal of the trust to be a reasonable amount. This opens the trust to challenge in a court if the remaining beneficiaries consider the amount you have specified to be unreasonable. Take a lesson from Leona - steer clear of an excessive amount that begs for an estate challenge to be filed.
Unfortunately, stories of Marines returning home from combat are not uncommon. Likewise, stories of dog owners who form a bond with their pet are also not uncommon. A story, however, that combines the two has moved thousands to get involved and lend support.
Just as law enforcement officers are sometimes paired with a canine partner, military personnel can also be paired with a canine partner. Former Marine Cpl. Megan Leavey, 28, and her military service dog named Sgt. Rex completed over 100 missions together during two six-month tours in Iraq. Upon returning home in 2007, Leavey realized that she could not imagine not having Rex with her in her civilian life. Leavey wanted to adopt Rex; however, adopting a military service dog is far from an easy task to accomplish. Leavey refused to give up her mission. Eventually, her story went public and garnered the support of U.S. Senator Schumer as well as over 21,000 people who signed an online petition asking for Leavey to be given permission to adopt Rex. Her efforts finally paid off -- Leavey was given permission to adopt Rex and they will soon be reunited.
If you have a pet to whom you are equally attached, make sure you think about him or her when you create your estate plan. Just as you create a trust for a family member, you can create a pet trust for your pet, thereby ensuring that he or she will be provided for in the event you are no longer here to do so yourself.
Owning a dog is rewarding in a number of different ways, and for seniors a dog could provide a very welcome companion at a time when loneliness can be an issue. There is no replacing your family of course, but for many people, dogs are indeed man's best friend. You may find that a canine in the household will uplift your mood and perhaps even provide you with protection.
If you are a dog owner you should consider who would be caring for your pet if you were to pass away before the animal. This is obviously a serious consideration for senior citizens who own pets, but it is also important for anyone who owns an animal just as a precaution because life is uncertain at any age.
Your first task is going to be choosing a capable caretaker. It is very possible that a particular person will immediately come to mind. You may have a friend or family member that knows the pet well and who already has somewhat of a relationship with the animal.
Once you determine who would become the pet's caretaker in the event of your death you have to consider the financial side of things. You can provide financial resources to the caretaker by giving this individual a direct inheritance earmarked for the pet's care. A better option, however, would be to create a pet trust for the benefit of your dog. Doing so will keep your pet from becoming a burden to those left to care for it.
If you have any questions about pet planning, simply take a moment to arrange for a consultation with a good Northern Nevada estate planning lawyer.
Making sure that your assets are properly prepared for distribution to your loved ones after your passing can be an involved matter. Because there's so much to take into consideration it is easy to look past some of the finer details. If you are a pet owner, making sure that your dog or cat is provided for after your passing may be one of these matters that gets lost in the shuffle. You may just assume that it is something that will take care of itself, or that you will outlive your pet. While it is possible that someone would simply step forward and care for the pet or that you will outlive it, it is best to make the appropriate arrangements "just in case."
It should be mentioned that pet ownership can be very beneficial for senior citizens. Many of our elders get lonely, and of course a dog or cat can be your best friend and provide some much-needed companionship. When you are retired and your children and grandchildren are no longer directly depending on you, you can be hard-pressed to find a sense of purpose. Caring for a pet can provide this life-affirming feeling. In addition, some types of pets can provide protection, even if it is simply by barking to alert its owner of unusual sounds coming from outside the residence.
To provide for your pet after your passing you must first identify a suitable caretaker. You may simply want to ask a family member or friend that you would consider to be a likely candidate. You then must make financial arrangements, and this can be done by simply leaving a bequest to the caretaker in your will. Another option would be to create a pet trust that will finance the care of your pet throughout its life.
To find out more about pet planning and pet trusts, simply arrange for an initial consultation with an experienced estate planning attorney.
When you are working through your estate planning checklist you may have a lot of ground to cover depending on the size of your estate and the specificity of your wishes. And as we always remind our clients, estate planning is not something that you take care of in a day, a week, or a month. It is an ongoing process that is going to require adjustments because there are changes all around us. Our own lives change, tax laws are subject to revision, interest rates are always fluctuating, and the economy as a whole is largely unpredictable.
We mentioned a checklist in the opening because with so much to consider it would be easy to forget something, and your fine furry friend just might fall through the cracks. Just as your stocks, bonds, cash, real property, and prized possessions are going to need a new home when you pass away, your pet is going to need one too.
Our pets become members of the family and they can really provide senior citizens with a tremendous boost as companions, protectors, and in many cases, master entertainers. The good news is that you may not have to look too far to find a new owner for your pet. You may well have a family member or friend who lets you know that he or she would be more than glad to take care of your dog or cat when you pass away.If you have no volunteers, you can ask around, and when you find a caretaker it is a good idea to make sure that your pet and its future guardian get to know one another so that the transition won't be as hard on the animal. To cover the expenses you can leave a bequest to the new owner-to-be if you so choose.
Another option is to create a pet trust to provide for your dog or cat. You fund the trust, name a trustee to administer it, and select a caretaker for the pet. It is also sometimes possible to develop a relationship with a non-profit animal placement facility and arrange for the people there to find your pet a home while you make a donation in return to show your appreciation. For some valuable information on pet trusts and pet planning in general visit our page on page pet planning.