Generally, a “Pet Trust” refers to an arrangement whereby a caretaker is designated for a pet and funds are left to pay for the pet's care. If you do not wish to leave caretaking funds to a caretaker, then the use of a trust is usually not necessary.
Of course, an animal cannot be a beneficiary of a traditional trust for a number of reasons, not the least of which is the simple fact that it cannot bring its own case to enforce the trust before a court. Nonetheless, the term pet trust increasingly appears in legal and non-legal literature without much explanation.
In a growing number of states, special statutes have been enacted to impose an enforceable “pet trust” by allowing virtually any third party designated by the terms of the trust or a court to compel a caretaker-trustee to use the caretaking funds solely for the benefit of your pet. Florida has a statute specifically addressing pet trusts so you can be certain your beloved family member will be cared for after your death.
For a more detailed discussion of the law of pet trusts, the pet trust statutes, or sample language for such trusts, Contact Vicki J. Bowers.
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