Pet Trusts: Trusted Pet Partners Provides Protection For Pets

Pet Trusts: New Protection for Our Friends
Chris Jones

The primary goal of estate planning is to have our wishes carried out, especially when we are not here. Those wishes include care for ourselves if we become disabled, and care for those that matter the most to us, for example, the pet companions that have made such a difference for us. You naturally want to make sure that your dear pet companions are cared for when you are no longer able to be their caregiver. They have served you and added to the quality of your life. How can you guarantee that others will provide for them as you would wish? Consider a pet trust http://trustedpetpartners.com.
Until this year, there was no guarantee that will or trust provisions providing for your pets’ care would be enforced by the courts. The enforcement of such trusts was entirely discretionary and the estate representative could either ignore them, or rewrite them as they wished. For example, if family members objected to the amount left in trust for pet care, they could ask the court to reduce it. No one stood up for the pets, and the law said that such trust provisions were unenforceable. The results could be entirely different than your wishes.
While the California Legislature may have trouble agreeing on many topics, it did pass a new law that guarantees your pets’ care will be provided as you direct in your estate planning documents. New Probate Code Section 15212 makes a trust for the care of an animal enforceable by the courts. Your estate planning documents are to be liberally construed to make the pet trust legally enforceable, and so as to carry out your intent. As long as your pet trust provides that the funds may not be converted to the use of the trustee, and provides for the distribution of unused funds upon the termination of the trust, you can count on your pets being cared for as you wish.
Because our pets can’t speak for themselves, your trust should designate a person or non-profit agency to enforce its terms. If you don’t, the courts may appoint someone for the specific purpose of enforcing your pet trust provisions. Moreover, our Legislature has expanded the role of animal welfare charities to review the trustee’s accountings of how the money is being spent on your pets and even inspect your pets and the premises where your pets are being maintained.
Because human beneficiaries will want the least amount spent on your pets and domestic animals, it is important to choose a pet trustee who is only interested in the welfare of your animals. The statute strictly requires that trust funds be dedicated to the pet beneficiary and no one else.
This statute is an important new tool in caring for beings who can’t speak for themselves. You now have a voice for your pets’ care and treatment. Using that voice will enhance the quality of your life and certainly the quality of your pets’ lives. What a great new tool in giving our companions the care that they deserve in their advance years.
Chris Jones, a longtime resident of Santa Barbara, has practiced law in the county for over 30 years. His philosophy of making law easy, understandable, clear and comfortable�"making you an expert�"has helped make him one of the most well respected and knowledgeable Trusts and Estate Planning attorneys in the area. His areas of expertise include: Wills, estates, trusts and probate, including living trusts, tax planning, business succession planning, irrevocable trusts, advanced direction of health care, generation-skipping planning and avoidance of probate. As his clients’ needs dictate, Chris works with a variety of estate planning, investment, accounting and tax professionals, successfully and creatively assisting clients in developing and managing estates of unique, diverse size and content.
To learn more about securing a trust for your pet(s), visit Trusted Pet Partners online at http://trustedpetpartners.com or email Chris at chris@trustedpetpartners.com. Chris is one of the partners of Trusted Pet Partners, knowledgeable in the law and the rights for your pets. Take the time to ensure that your pets have a home in case of an emergency. Trusted Pet Partners is the premiere online source for pet trusts. With a few clicks, your pet trust is safely and securely delivered to you within a minute, from start to finish.