Articles
When hotel heiress and billionaire Leona Helmsley died in 2007, her pet
Maltese, Trouble, became the beneficiary of a $12 million pet trust
that Helmsley had established as part of her estate plan. Mrs. Helmsley
cared very deeply for her animal companion. Although she left money in
her will for Trouble, she failed to secure a legally enforceable pet
trust to ensure that her beloved Trouble would be provided for even
after her death.
Most pet owners won't have the resources available to provide for their
pets to the extent that Mrs. Helmsley did. In fact, according to
Lawyers Weekly USA, the average amount left to pets is closer to
$25,000. But, like Mrs. Helmsley, most pet owners are concerned about
providing long-term care for their pets, and want to make sure that
their wishes are carried out in the event of their death or disability.
As a pet owner in California, you can create a pet trust that will
provide for the care of your "beloved pet" when you are no longer able
to care for the pet yourself. Pet trusts are more secure than simply
leaving money in your will, and provide specific instruction for the
caretaker and beneficiary of the trust. To begin planning for the care
of your pet, you should identify a family member or friend who you
would trust to care for your pet and who would be willing to provide
for the animal's care. A pet trust allows you to designate this trusted
person as your pet's trustee. In California, your trustee will be
legally obligated to make arrangements for the proper care of your pet,
according to your instruction. They will also hold the money and/or
property that you transfer to the trust for the benefit of the pet. In
addition to the pet's trustee, you may also designate a caregiver, or
beneficiary, who will be responsible for caring for the pet over the
lifespan of the animal.
Because California pet trusts are legally enforceable arrangements, as
a pet owner, you can be assured that the instruction you provide
regarding your pet's care will be carried out. A trust can be very
specific, so it is important to discuss your pet's health needs, care,
and routine with your designated caregiver. For example, if your cat is
allergic to a particular brand of food, or your dog needs to be bathed
once a week, this can be specified in the trust agreement.
As a pet owner, you know your pet's particular habits and needs better
than anyone else. With a pet trust, you can describe the kind of care
your pet should have, and you can list the trusted people who would be
willing to provide that care. If you are a pet owner who wants to
establish a pet trust, or otherwise provide long-term care for your
pet, a qualified estate planning attorney who has experience creating
pet trusts in California will be able to help you understand your pet
trust planning options, and will be able to assist you in designing a
pet trust that meets your needs and those of your pets.
About the Author:
Kevin Von Tungeln is the Managing Partner of TVTTrustLaw.com and Thompson Von Tungeln, P.C. Kevin practices exclusively in the areas of estate planning, probate, wills, conservatorships and trust administration. Visit http://www.TVTTrustLaw.com or call (661) 945-5868 to learn more.
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