{"id":7699,"date":"2015-08-09T17:19:52","date_gmt":"2015-08-09T21:19:52","guid":{"rendered":"http:\/\/www.thevalleyledger.com\/?p=7699"},"modified":"2015-08-09T17:23:39","modified_gmt":"2015-08-09T21:23:39","slug":"your-pets-animals-estate-plan","status":"publish","type":"post","link":"https:\/\/www.thevalleyledger.com\/?p=7699","title":{"rendered":"Your Pets, Animals & Estate Plan"},"content":{"rendered":"

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We all love our pets. \u00a0For some, our pets are treated as members of the family. \u00a0This is the way it\u00a0should be. \u00a0However, it comes as a surprise to clients when they learn that in the eyes of the courts, pets are treated like any other piece of personal property when it comes to divorce settlements or to interpreting a deceased person\u2019s will. \u00a0While we may love our dogs, cats, horses and all the rest, Pennsylvania and New Jersey law treats animals\u00a0no different from cash, cars, or collectibles.<\/p>\n

In terms of estate planning, there should be some discussion and careful planning about the care of your pets should they outlive you. \u00a0 While this is true in the case of the more usual house pets like dogs or cats, it is especially true in the case of horses, or livestock that you may keep on your property, where there may be significant costs of upkeep, and physical requirements for the care of larger animals like horses or livestock. \u00a0 The\u00a0University of Kentucky<\/a>\u00a0published a detailed calculator for that exact purpose if you are interested,\u00a0click here<\/a>.<\/p>\n

While you can\u2019t leave your estate to your dog, you can either\u00a0set up a trust<\/em>\u00a0or\u00a0make a provision in your will<\/em>\u00a0that spells out your directions for the care and maintenance of your animals after your death.<\/p>\n

Under a Will, and this seems obvious, your wishes can only be put into effect after your death. \u00a0 However, due to the nature of the way the legal profession and the courts work, it can take months before your executor can put your wishes into action.<\/p>\n

A Trust becomes effective the moment you execute it, so that situations like your illness or incapacity can be accounted for. \u00a0 If something were to happen whereby you were unable to care for your animals and were unable to communicate your wishes, the Trustee would already be empowered to care for your animals.<\/p>\n

Under the Pennsylvania Probate Code, you can create a Trust to provide for the care of an animal \u2013 but only an animal\u00a0which is alive during your lifetime.<\/em>\u00a0 You can\u2019t make a provision in a trust for an animal that hasn\u2019t been born yet. \u00a0 If you are a horse breeder, that potentially has huge significance. \u00a0 Similarly, the Trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor\u2019s lifetime, upon the death of the last surviving animal.<\/p>\n

For more information contact me at (610) 393-6763<\/span><\/a>.<\/p>\n

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Bryan Tuk is an attorney focused on business law, family law & nonprofits and arts organization law.\u00a0 To learn more, visit <\/em>http:\/\/tuklaw.com<\/em><\/a> and you can follow him on Twitter <\/em>@BryanTukArtsLaw<\/em><\/a>.<\/em><\/i><\/div>\n
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