One of the many issues that estate planning can encompass is what might happened to a beloved pet upon your death or disability. Oftentimes, Houston area pet owners would like to have a plan in place for their pet's food, shelter and care.
In order to do this, one must draft a document known as a pet trust. A pet trust can identify a guardian who will carry out the pet owner's wishes after death. Funds are usually set aside as well for the care of a pet, and details about this and the pet's care are included in the trust.
It is often important to use a pet trust for this purpose rather than a will or a simple verbal agreement with the guardian. This is because many people overestimate the chance that a spouse, family member or friend will want to take on an animal. Oftentimes people, even pet-lovers, feel burdened by the sudden addition of a new pet-and these feelings can be heightened when someone is grieving.
A will, rather, can provide information about who should inherit a pet, but pet care information included in wills is not always legally enforceable. If a pet is included in a will without another separate agreement, the state may decide the pet's future. This is because judge can make changes to wills.
One woman who was recently profiled in a news story said that she has created a pet trust calling for her three cats to be taken to a retirement community, paid for by money that has been set aside, if they outlive her. She felt prompted to create a pet trust after her friend died, and none of the woman's survivors would take her two cats.
One of the cats was ultimately adopted, but the other was taken into a shelter. The woman had assumed her son and her caregiver would each take one of her cats, but this did not end up working out for them. It is important to talk with guardians that you will name, and make sure that they will accept the responsibility before listing them in a trust.
Pet trusts are legal documents that can be written with the assistance of an estate planning attorney.
Source: New York Times, "The Pet Problem," Alyson Martin and Nushin Rashidian, Feb. 3, 2012
Source: http://www.elderlawhousing.com/blog/2012/02/how-to-set-up-a-pet-trust-in-houston.shtml
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