WHAT IS AN ANIMAL TRUST AND
WHY SHOULD EVERY ANIMAL OWNER HAVE ONE?
What is a trust? Under Florida Statute § 736.0408, The statute provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates on 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's lifetime, on the death of the last surviving animal. A trust is a document that allows that upon the death or incapacitation of the settler (owner), then a named person, without an court order, can take up action. This is not a Power of Attorney – as Power of Attorney terminates upon death.
Statute in Full:
(1) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates on 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's lifetime, on the death of the last surviving animal.
(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.
(3) Property of a trust authorized by this section may be applied only to the intended use of the property, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise as part of the settlor's estate.
So why is this important? If you love your pet and are not sure that a family member would take care of it when you passed on or became incapacitated, then you should create a trust that would designate money to provide for the care of the animal and name who should be responsible for the animal's care. This can be a designated person or rescue organization. The worst thing that could happen would be that upon your death or incapacity, then the animal would be given to a shelter, that might ultimately be unable to adopt the animal out and would have to kill it. (put it to sleep is just to nice of a way of saying it). When there is nothing wrong with the animal except being unwanted by the person caring for it, this is the saddest of things to happen. There are hundreds of rescue organizations for every breed and mix of dog, cat, or other animal (bunnies, ferrets, etc), and they would be more than willing to receive the animal and money to care for it in foster care, until the animal could find a furever home again.
CALL THE BATES-BUCHANAN & SAVITSKY LAW GROUP TODAY –
AT (941) 799-3015 FOR YOUR FREE CONSULTATION AND PREPARATION OF YOUR TRUST – NO CATCH! NO HIGH PRESSURE SALES TACTICS. NOTHING ELSE TO BUY!
OUR LAW FIRM IS DEDICATED TO ANIMALS AND IS DOING THIS FOR A PRO BONO PROJECT. THANK YOU. Dawn Marie Bates-Buchanan, Esq. and Susannah C. Savitsky, Esq. 522 9th Street W, Unit 2, Bradenton, FL 34205 (941) 799-3015.
BIG ENOUGH TO FIGHT FOR YOU …SMALL ENOUGH TO CARE!
(WHY YOU NEED A PET TRUST)
Hi. My name is Snoopy and I am ten years old in dog years. I have a story to tell you about how my human, who loved me very much, got very sick and went away. She always took me to the doctors when I was sick, to the salon when I needed a bath (even when I thought I smelled fine) and let me sleep in the bed with her. She gave me snacks from her human food, (even though she was not supposed to), bought me my own clothes and blanket. She was my only human and I was her only dog.
She thought that if something happened to her, there would always be someone to care for me. But when she got sick and went away, then some people I did not know, that were not very nice, came and took me to a very cold place, where there were lots of other dogs. There was a lot of noise and other dogs were talking a lot and everyone was scared. They put me in a cage that had no blanket, no bed, and no love. I was cold and scared. I cried a lot for my human. I know that my human would be very sad if she knew this was happening to me. I know she wanted me to have a good home with another human if she could not take care of me anymore.
In this cold place, I got no snacks, only icky dry food. I got only a cold bath, no warm salon treatment and I was not let out of my cage, even to go to the bathroom, and I had to do it in my cage. (eww..). After a few days, I began to get sick (I heard someone say it was kennel cough), but no one took me to the doctors. Beside my cage were other dogs that were cold, and scared and made lots of noise that scared me. Once another human came to look at me, and tried to take me out of my cage, but since I was so scared, when they tried to touch me, I ran away, and tried to nip at them to leave me alone. I heard other humans say that I am unadoptable, due to my age, and my behavior. This means I might never find a new human who loves me. I heard the word “kill”. Will I die here?
After many weeks a nice human came, and took me to the doctor because I was very sick. Then she took me to her home, where I got a bed, and good food, and a bath (darn.). I found a new human to love, but I know that this does not always happen. I don’t want this to ever happen to any other animal. Please don’t let this happen to your animal. SNOOPY
The Lady Lawyers of Florida at the Bates-Buchanan and Savitsky Law Group, bring you Snoopy’s story, because we could have done something to CHANGE this story. If Snoopy’s human had created a Pet Trust, that the lawyers at this firm do for free, it would have made a legal plan for Snoopy, and Snoopy would have been taken in by a human that Snoopy’s owner designated, a family member or friend, or the trust could establish a plan for Snoopy to go to live with a Rescue Foster Family and find a new human while he stayed in a loving and safe environment. In the trust, Snoopy’s owner would also designated money or assets to go along with Snoopy to help him find a new home and make sure he got good medical treatment and food and other necessities.
Do you love your pet? Don’t let this happen to it, make a plan, talk to the Lady Lawyers of Florida today to get your FREE Pet trust!