| The big question involves the concept of both a trustee and a caregiver. People will ask, “Do we really need two people involved? Does there have to be a trustee that handles the money along with somebody who takes care of the dog?” The answer is yes. The dog cannot speak for itself; the cat cannot hire a lawyer to enforce its rights. If you don’t have somebody as an overseer, looking over the shoulder of the caregiver, then the caregiver has the opportunity to take advantage. Do a Lot of Estate Planning Attorneys Offer Pet Trusts?It’s not very common, actually. California does have a statute that specifically authorizes pet trusts. Not every state has this, and it’s a relatively new statute. Most lawyers are not really aware of it, even. If they’ve done a pet trust, perhaps they’ve only done one or two in their entire careers. In my practice, my basic routine is that I ask everyone who comes to see me if he has any valued and cherished pets to provide for after he’s gone. If he does, he’ll generally say: “Yes. I’d like to leave a little bit of money aside for the animal.” Can a Pet Trust be Modified if it Was Done Incorrectly?Generally, trusts done more than five years ago do not have any information about providing for pets. The chances are less than 1 percent, actually. I’ve never seen one. Can People With Existing Trusts and Wills Recast Them to Take Care of Their Pets?Yes. 5 or 10 years ago, nobody did any pet trusts. They didn’t exist. The law changed in California, making pet trusts standard. For more information on Misconceptions About Pet Trusts, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (949) 660-0007 today. |