Many dog owners think of their dog as a family member. However, even the most devoted pet parents may forget to insure that their pet will be well taken care of if they were to pass away. Sadly, when people die without planning for their pet, there is a good chance that their beloved dog or cat will end up at a local shelter. Pet trusts help guarantee that Peanut or Fido will remain happy, spoiled, and loved if you are no longer around. However, even with a trust, complications can occur where the assistance of a probate litigator is necessary. A June 28,2016 article in the New York Post discusses a lawsuit regarding a Dachshund’s trust.
Palm Beach Pet Trusts
- Did you know that, in Florida, you can set up a pet trust.
- Pet Trusts help guarantee that your pets would continue to live a great life if you were to die before them.
- Ask your West Palm Beach estate planning lawyer to help you prepare a pet trust for your fur baby.
- Your Florida probate attorney will probably refer to Section 736.0408 of the Florida Statutes when discussing a pet trust with you.
- Section 736.0408, “Trust for the Care of an Animal”, provides:
- 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 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.
- 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.
Winnie Pooh’s Pet Trust
- According to the New York Post, a pet parent left her dachshund, Winnie Pooh, a $100,000 trust fund.
- However, a new lawsuit was filed because Winnie Pooh was not getting money from her trust.
- Hanlon was appointed the guardian of Winnie Pooh by Winnie Pooh’s late owner.
- The executor of the estate is a lawyer, Harriet Harkavy.
- Harkavy has allegedly not been paying Hanlon the money that was left for Winnie Pooh.
- “Hanlon barks in court papers that Harkavy is also trying to use Winnie Pooh’s trust fund to boost her own social standing.”
- To read the entire article and find out the details on this lawsuit, click here.