January 26, 2011
A Pet Trust
Pre-arranging your own funeral has become fairly commonplace these days. Those who are able to face the decisions that must be made at the time of death for themselves reap peace of mind as a reward. It is much easier to face the decisions death creates while you are healthy and in the prime of life.
When you do, you are making decisions logically and decisively. Wait until you are ill and emotions make it much more difficult to face. Even when illness or disease hits, it is still less painful for you to deal with these decisions yourself than it is on your family if they are faced with these decisions at the time of your death.
The pressure and pain that is felt when making these decisions at the time of a loved ones death makes it the worst possible time to make these decisions, yet it is still what most people do.
Taking care of your funeral and burial is one of the most unselfish acts you can do for your family.
It is not only unselfish - it makes good sense for many reasons, including fiscally.
Pre-arranging your funeral and burial is a way to ensure your wishes are known and carried out, it relieves the stress and emotional process for the survivors and gives you peace of mind that your affairs are in order.
People who pre-arrange funerals are almost always the same people who prepare their wills and trusts and choose guardians for their children. zithromax prescription But even the most conscientious people usually neglect to plan ahead for the care of their pets.
Pets are considered property, so if you do not expressly plan for them in case of your death or disability they go the way of your estate.
If you have a will or trust, your property will go where you intend it (barring any contesting). Without a will, your property goes to your next of kin, often determined by a court. So even with a will, your pets are going to go to the person you leave your possessions to.
This person may or may not be who you would choose to care for you pet. If your will has multiple beneficiaries, the care of your pets can become a cause of confusion and litigation.
If you care about your pets like I do, like they are family, you don’t want to leave their care to chance.
At the time of your death, who will care for your pets?
Think it over. If your dog is like a family member to you and the truth about your love and compassion for your pet is known to all around you - you must consider what will happen to your beloved pet when you die.
According to the law, Pets are considered property and become a part of your estate when you pass on. Dealing effectively with your estate planning you can control who will care for your dog when you can’t.
When you contemplate your loving care of your dog now, do not neglect to care for your dog at the time of your death.
When I considered who would care for my four dogs in the event of my death, I was faced with the reality that I didn’t know a single person who would have the resources and time to care for my babies the way I would want them cared for.
It was when I came to this realization that I began to search for solutions. If you look around you, you too will come to the same frightening conlcusion I did…there are no real solutions for providing the kind of care, attention and love we want for our dear pets.
What I found were a few organizations which would accept pets if left to them in a will or trust along with a substantial amount of money.
It was a wonderful concept except for one thing…
All of the organizations were shelters, vet schools or kennel type environments, one organization would find a home for your dog.
For so many reasons none of the available organizations are an option for my girls. The institutional type environments are absolutely not what I want for my dogs. I don’t kennel my dogs now, I couldn’t bear to think of them living life in a shelter or cold facility so different from the life they knew with me.
The organization that found homes for dogs would surely have to split my dogs up. They probably wouldn’t find a home for my oldest and might come to the conclusion that she should be put down. And there is just no way the information about my girls that is precious and important to their care and happiness would not be passed along to a new family.
They are used to running free in a secure home and property. They sleep in bed with me, hang out on the couch during the day, wrestle with each other in the comfort of a huge, carpeted living room, they share my cheesburgers….
Now, I am the first to admit not every dog owner treats their dogs like they are their kids the way I do. Sure, the way I feel about my dogs is not the way all dog owners feel-but lots of you DO feel this way.
If you are okay chaining your dog up outdoors for hours upon hours you are not the type of person we created the dog orphanage for. If you allow your dogs to roam the streets without regard for their safety, you are not the type of person who will pre-plan for your dogs care with The Dog Orphanage.
What I do know is there are tens of thousands of people or more who feel exactly the way I do about their dogs. If you spend money building fences, hiring trainers, buying special prescription required pet beds…you are exactly the person we created The Dog Orphanage for.
Many of you are single women. Many of you are elderly.
If you are a single woman with pets and like me, your pets are your babies, your situation dictates you must pre-plan.
If you are one of ”us” - I know it is not always an easy thing to deal with, but you must consider your death now while you are physically and mentally capable of making decisions for your estate.
Even if you have a primary caregiver in mind - please be sure you understand that unforseen circumstances which may prevent your first choice from being willing or able to care for your dog dictates a need for a contingency plan.
The Dog Orphanage is the only solution of its kind in the world to care for your dog like you would if you can’t!
I couldn’t bare online Ampicillin to think of my dogs in kennels or institutionalized care. We forget that we may not always be around or able to care for our dogs. If something should happen to you before you make explicit plans for your pets, your babies become possession of your next of kin or primary beneficiary.
A pet trust is a legal document that directs the care of your pet in the event you become unable to care for them because of disability, disease or death. These legal documents , along with bequesting funds for the pets care provide an assurance your pets will be cared for in a manner which you see fit.
I am not and attorney and am absolutely not offering legal advice - so please consult an attorney if you are unclear about your options about how to put your dog in your will. I am providing resources here for informational purposes only.
As pets are considered property, you can not leave money to your dog. You can however leave money to the person you are naming as your dog’s beneficiary. The wording in your will or trust can help assure your intent of leaving the money for the care of your dog.
When you choose a new owner for your dog, be sure to discuss your choice with the person. Don’t make it a surprise. Make sure the person you want to care for the pets is both willing and able to provide for your pets.
Just because your friend adores and plays with your dogs every chance she gets does not mean she would be willing to bring the dog into her home.
If the person agrees, make sure they get to know and get along with your dog. You know your dog’s unique characteristics, habits, likes and dislikes, so it is important when planning for your death with pets, to clearly outline any special information you would like someone to know about your dog.
I might want to explain how my blue heeler, Lucy will hug you if you get mad…like she does when I yell at my computer; or how Winnie will cry if she wants her head rubbed; or how Bailey has to sit on the floor behind the drivers seat when you go for a ride; or how Patti will try to discipline the other girls if they start playing too rough.
To make your decision legally binding you simply add a provision like this to your will: “I leave my dog Fufu to my friend Mary Poppins.”
If you want to accomplish the same purpose as a will but avoid probate after your death, create a revocable (can be changed at any time prior to your death) living trust using a similar clause to transfer ownership of your pet at your death.
Even when you have found the ideal person to care for your dog after your death, you still want to create a backup plan. Naming an alternate beneficiary allows for the possibilities of life changes that would prohibit your first choice from being willing or able to take your pet.
Keep your will or trust current!
If your intended care-taker pre-deceases you your intentions to care for your dog may be for nothing. If your dog pre-deceases buy Amoxil generic you and you have left money for the care of your pet, the money may still go to the person who was to care for your pet rather than heirs or charities you may otherwise have preferred.
Taking a bit of care will ensure the point of creating a will or trust for your pet according to your wishes is carried out.
Why would you leave money to the person who is caring for your pet?
You know how expensive it is to take care of your dog(s). It is not only a big responsibility physically and emotionally, it requires a significant amount of money. Consider leaving money to the person you are asking to care for your dog.
Not only will this help ensure the person accepts your dog as part of the family, it will help accomplish your goals of keeping the quality of care up to your standards.
Here are example clauses that leave the dog to your desired caretaker: - when worded like the last example clause below it helps ensures the money goes with the dog:
“I leave my dog, Fufu, if she is alive at my death, to Mary Poppins.”
“If my dog Fufu is alive at my death, I leave $10,000 for her Banco BAI Europa SA care to “Executor Bob”. I desire that Bob give Mary Poppins, as long as she has custody of Fufu, $150 a month for Fufu’s care. I also desire that, in addition, he use the money to pay Fufu’s veterinary bills westernunion virginia or reimburse Mary for veterinary bills she pays.”
When you write your will, all you need to do is word the clause so that the money is given only if your dog is still alive. Here’s a clause written so that the beneficiary gets the money only if the dog is still living at the time of your death:
“If my dog Fufu is living at my death, I leave her and $10,000 to be used for her care to Mary Poppins. If Mary is unable to care for Fufu, I leave her and the $10,000 to be used for her care to Lucy Lu.”
This still does not guarantee that Mary Poppins actually uses the money for Fufu.
Set Up a Pet Trust
With a pet trust, you can leave property for the benefit of your dog. You put someone else, called a trustee, in charge of managing and spending it. The trustee follows a written set of instructions that you provide.
Sounds like just the ticket for making sure your dog has enough rawhide chews for life, but until recently, most states didn’t allow trusts for animals. Now, more than half the states (listed below) allow you to create trusts for pets, with no human beneficiary. Several let you appoint someone, in the document that creates the trust, to make sure that the trustee carries out your wishes.
One advantage of a trust is that it can take effect before your death, if you were to become incapacitated and unable to care for your dog. The provisions in a will, of course, don’t have any legal effect until your death.
STATES THAT buy cheap amoxil ALLOW TRUSTS FOR PETS
Alaska Iowa New Mexico Arizona Kansas New York Arkansas Maine North Carolina California Michigan Oregon Colorado Missouri Tennessee District of Columbia Montana Texas Florida Nebraska Utah Hawaii Nevada Washington Idaho New Hampshire Wisconsin Illinois New Jersey Wyoming Especially if family members challenge the trust, a court is likely to scrutinize, and perhaps meddle with, both the amount of money left for the animal and how long the trust is to last. If the amount left in trust is extravagant in the court’s opinion, the court may step in to reduce it. An example is the trust set up by a Pennsylvania woman in 1974, which made $40,000 to $50,000 a year available for the care of four horses and six dogs. The court ruled that as long as the animals were well taken care of, the trustee was free to give the surplus money to the alternate beneficiaries named in the will.
If you try to create a pet trust in a state where such trusts are not valid, it’s hard to know what will happen. Courts have sometimes shown both sensitivity and creativity when faced with legally lacking trusts that well-meaning owners had created for their pets. For example, a court might deem the trust an “honorary trust,” making it a valid trust, but one that wouldn’t be enforced by the court. ~Dog Law
I personally don’t think a court has any business interfering with my wishes or money but that is a different article!
If you find yourself like me, without an ideal caretaker for your dog please consider The Dog Orphanage. We originally created The Dog Orphanage as a refuge for economic orphans, dogs who become homeless due to the current home foreclosure crisis.
Since my (admitted late in coming) revelation that there is no one to care for my four dogs in the event of an illness or untimely death, and no solution existed, I created a solution I could feel good about.
The Dog Orphanage is now establishing a long term solution to care for dogs whose owners want to provide a just-like-home loving environment.
The Dog Orphanage Just Like Home Care will care for your dogs in a home like environment with individual care as similar to your own home as possible. When you plan in advance and leave your dog in our care by pre-arranging with us or with a Living What Is An Ach Transfer Trust in case you become unable to care for your pet or in your will at the time of your death, we will be your dog’s new family. We offer:
- Pet friendly & safe transportation to The Dog Orphanage
- Care for your dog with love and in a home like atmosphere
- A dedicated Dog Orphanage ”family” to your dog for consistent care and bonding*
- To, as much as possible continue any special care according to your pre-prescribed instructions
- All basic needs met including basic healthcare
- Holistic healthcare and health preventive care for long, healthy life - including but not limited to nutritional supplements, Cheap ampicillin online Levitra Professional Online Without Prescription accupuncture, aromatherapy (in alignment with your wishes)
- Exercise and play in a safe, healthy, secure indoor & outdoor facilities
- Much more
There are several ways your dog can become a family member at The Dog Orphanage:
Pre-Need Pet Estate Planning:
- Put your dog in your will and name The Dog Orphanage as beneficiary*
- Create a pet trust form naming The Dog Orphanage as caregiver in the event you become unable to care for your dog, or at your death*
- Insurance, annuity, stock, cash and/or Real Estate Bequests
- Contract with us through a pre-plan package customized to your desires/needs. (this ensures your place and price)
Scholarship:
The Dog Orphanage receives vital support for programs through bequests, gifts of life insurance, residual pension benefits and other testamentary gift arrangements and cash donations.
Specify either a fixed amount or a percentage of your estate and include The Dog Orphanage as contingent beneficiary in your will and in your retirement and life insurance programs (in the event your intended heirs predecease cheap ampicillin you)
At Need: You or your estate can contact us at the time of need to make arrangements.
*The Human Potential Centre, LLC, dba, The Dog Orphanage is setup as a for profit corporation. This is a choice made to avoid governmental restrictions on the type and mode of care we provide.
Suggested Wording for Bequests:
When including The Dog Orphanage in legal documents, please use our legal title, The Human Potential Centre, LLC, dba The Dog Orphanage. is a for profit corporation incorporated under the laws of the State of Alabama. The Human Potential Centre’s tax-identification number is 20-8919868.
We suggest the following wording for bequests in wills or trusts(intended for wording of gifts only - not as a method to leave your dog in our care):
“I give and bequeath to The Human Potential Center, LLC., dba The Dog Orphanage, of Auburn, AL ___________ (insert dollar amount, percentage of estate, or description of securities or property, etc.) to be used for its general purposes.”
General Purpose Bequests will be 100% used for Dog Orphanage direct expenses, including Building and Facility Expenses, Pet Care and Scholarships (care for dogs whose owners do not otherwise have kamagra financial resources to benefit from our services).
Donations of any amount are welcome and so appreciated.
Filed under Dog Laws, Dog Orphanage by Fran
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