Archive for the ‘Orange County Pet Attorney’ Category

How to Create a Pet Trust

Friday, August 10th, 2012

There is no doubt we are a nation of pet lovers.  Unfortunately, the law as it is currently written views pets as property, so providing for your pet in your will won’t work.  So how do you protect your favorite fur-person?  With a pet trust.

To create a pet trust, you should first discuss your wishes for your pet(s) with a Personal Family Lawyer® in Orange County so your pet trust will be executed properly and will be legally enforceable after you are gone.

When planning for your pet trust, you should:

Choose someone to act as trustee.  Be sure you discuss your intentions beforehand with your potential pet trustee to ensure they are both willing and able to carry out your wishes.

Choose a successor trustee.  If your first choice for trustee is unable to act as trustee, a second person should be named as successor trustee.

Choose caregivers.  Some people elect to name a financially responsible individual as trustee and another person as caregiver for their pet(s).  Be sure to specify a primary and secondary caregiver.

Provide ID information.  To help prevent fraud, you should include identification information in your pet trust, including photos of your pet(s) and microchip ID numbers.

Give care instructions.  Provide care details for your pet(s), including how often they should be taken to the vet for check-ups, nutritional requirements and any other healthcare information.

Establish how much money is needed to care for your pet(s).  You need to be realistic, because large amounts left for pets could be subject to a challenge from other heirs.  Be sure to figure in the cost of trust administration as well.

Select a beneficiary.  When the last pet you have provided for in your pet trust dies, you should name the person or entity that will receive the leftover funds in the trust.

Supply final instructions.  Leave instructions for having your pet(s) buried or cremated.

If you’d like to learn more about how to provide for loved ones after you’ve gone or have other Orange County estate planning questions, call our office today to schedule a time for us to sit down and talk. We normally charge $750 for a Family Wealth Planning Session, but because this planning is so important, I’ve made space for the next two people who mention this article to have a complete planning session at no charge. Call today and mention this article.


Naming a Pet Guardian as Part of Your Estate Planning in Orange County

Wednesday, June 20th, 2012

No matter how much you love your pets and feel that they are “part of the family,” they are generally seen as property by the Orange County courts and are therefore treated accordingly.  This can cause some concern for pet owners who want to ensure that their pets are well-cared-for and able to transition as smoothly as possible after the death or incapacitation of an owner.

One option that many pet owners are now exercising is to create a pet trust.  This type of trust is used to protect the pet in case you are unable to do so.  The trust will likely specify your chosen pet guardian, which can either be an individual or an organization.  This entity will be responsible for taking care of the pet either until the owner is able to do so again or permanently, depending upon the situation.  In the latter case, it may even be necessary for the entity to arrange to officially adopt the pet.

Guidelines When Choosing A Pet Guardian In Orange County

For best protection, the guardian should be approached in advance to ensure that he/she/it is willing and able to take on the responsibility of caring for your pet in your absence.  This is not the kind of thing that you want sprung on a person unexpectedly, especially when your ultimate goal is to ensure the safety and comfort of your pet.

It’s a good practice to provide the named guardian with a copy of the trust, which provides legal justification for him or her to take the pet.  That can be especially important if you face an unexpected catastrophic event of some type.  Police are unlikely to allow a friend or neighbor to remove your “property” from your home while you are incapacitated, which means your pet may be left in the house alone for any length of time.  Having the pet trust means that the guardian is permitted to take care of the pet immediately.

Funding the Pet Trust

There are some good arguments for providing at least some funding for the pet trust, either through an amount of money set aside or as a beneficiary of an insurance policy or some sort of account.  It is reasonable to provide for food and veterinary costs for the expected duration of the pet’s life.  Of course, the choice of whether or not to fund the trust is up to you, and many guardians are perfectly willing to take on the financial aspects of caring for your pet.  If someone refuses to be your pet’s guardian unless they are given something substantial for themselves, it may be a good idea to reconsider your choice and ensure that you are a choosing a pet guardian in Orange County who truly has your beloved pet’s best interests at heart.


Should You Create a Separate Pet Trust in Your Estate Plan

Monday, December 19th, 2011

Estate planning attorneys are adept at navigating a wide variety of situations when it comes to providing the right services for their clients.  In some cases, a pet trust is something that can offer peace of mind, as well as a better life for companion animals that are left behind.

Putting together a will and various trusts affords a lot of benefits.  They provide for minor children who have lost a parent, offer medical directives for individuals who become incapacitated, and allow you to pass on your assets in the way you desire.  It’s not unusual for clients to overlook the importance of caring for some of the most helpless family members:  their pets.

When an individual passes away, his or her estate can be held up for a considerable time in probate court.  Even if you’ve gotten all your ducks in a row by working with an Orange County estate planning attorney, the time it takes for allocations to happen can be a problem for pets who have no one to care for them immediately.  Setting up a pet trust can avoid situations where animals have to stay in the home on their own for an indeterminate period of time.

Instead, they clearly outline who will be caring for the pets and can even provide for their welfare.  Sometimes it’s reasonable to offer compensation to the caregiver, and it is realistic to factor in financial support for the animal’s basic needs, such as food and veterinary care.  Best of all, this can go into effect immediately, which means that your pets will be cared for right away instead of being dependent upon a court process.

Estate planning attorneys in Orange County don’t just set up pet trusts for your death, either.  They can help you create a plan that allows for care of the animal if you simply are unable to do so anymore.  Many pet owners find that this adds the benefit of still being able to visit with their pet, as the new caregiver can be directed to bring the animal for visits to a nursing home or rehabilitation center.  In the end, this means that you can still see your friend, even if you aren’t physically able to care from him or her any longer.  Of course, you want to choose a caregiver who is willing to do this, so it’s important to have a conversation with whomever you choose before naming them in the trust.

Talk to your estate planning attorney here in Orange County to determine if a pet trust is the right choice for you and your companion animals.

 


Newport Beach Pet Attorney Discusses How to Protect Your Cherished Pets Once You’re Gone

Wednesday, January 5th, 2011

As a Newport Beach pet attorney, I know how easily a pet can become a beloved and cherished member of the family.  Based on this fact, it’s no wonder why many people are now choosing to make provisions in their estate plans to ensure their pets are cared for should death or incapacity suddenly occur.

I meet with many clients on a day-to-day basis who are absolutely horrified at the thought of their pet being bounced from home to home or even euthanized if something unexpectedly happens to them.  And sadly, that is what WILL happen if you do not legally spell out who should care for your pets in your absence.

Fortunately, there are a number of tools pet lovers can employ to make sure their pet is adequately cared for if something happens.  Traditionally, a bequest was used to financially provide for pets, but today, setting up a pet trust is hands down a better choice.  Let’s discuss the reasons why.

Trust Versus Bequest

Historically, people wishing to provide for their pets could leave a specific bequest of money outright to a named individual, with specific instructions to provide for the pet’s care.

Administration, however, was based on the honor system, and the pet owner could only hope that the designated caregiver would in fact use the money for the benefit of the pet, rather than spending it elsewhere. There is also the possibility of caretakers themselves losing the money altogether through a bankruptcy, divorce or other creditor problems.

If the specific bequest was done in a will, there are additional drawbacks: A will takes effect only on death, so a beloved pet could still be left in the lurch if temporary or long-term incapacity occurred. Further, a will usually is not probated or formally recognized by a court for weeks, or even months, after a person’s death.  That means a long time could pass before your instructions regarding your pets’ care are implemented.

Pet Trusts

Based on the limitations discussed above, as a Newport Beach pet attorney, I believe a pet trust is the best tool in providing for your companions once you are gone. It offers the most seamless method for ensuring that your pet is taken care of under all possible circumstances and according to your stated wishes.

California Probate Code Section 15212 provides statutory authority for a pet trust. If you have pets and wish to provide for them after your death, you simply place assets in a legal pet trust for their benefit after you are gone or incapacitated. The trust may provide for the care of individually named animals or for a class of animals, so long as the animal is living at the time of your death.

In designing your pet trust, I would advise you to appoint a trustee and an alternate to manage and administer the trust. You also want to provide the trustee with clear, comprehensive guidelines and instructions, including where your pet’s health records are located, what type of care you wish to provide, limits, restrictions, your pet’s likes and dislikes, personality, habits and routines and so forth.

Many of my clients further appoint a pet caregiver who will be responsible for the care of the animals. Some clients also appoint a trust advisory panel to make major decisions such as caregiver compensation, adoption and euthanasia.

Finally, you want to make sure the pet is properly identified in the trust. There is the famous legend of the cat who never died. A pet owner left a beloved black cat to the maid, to be taken care of for its lifetime, with monetary distributions to the maid. Because of the outright distribution, there was no oversight by a trustee; the maid was on the third black cat before the remainder beneficiaries got wise and learned that the original cat had long since died.

Getting Help With Your Orange County Pet Trust

If you ultimately decide a pet trust is the right tool to protect your cherished companion should something unexpectedly happen to you, I invite you to call me, your Newport Beach pet attorney, to set   up a complimentary planning session.  In this session we will discuss the legal needs of your family, in addition to those of your pets.  I will then help you craft a rock-solid plan to help ensure your entire family stays protected should death or incapacity occur.

Remember, your pet is totally dependent on you to make sure they are properly cared for during the remainder of their lifetime.    Therefore, I encourage you to do what it takes to make sure they stay protected….no matter what!


Southern California Probate Attorney / Estate Planning Lawyer / Wills & Living Trusts Law Firm
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