Florida Pet Trusts: Family Pays $250 for Surgery for Their Goldfish
On February 9, 2016, the Chive reported about a family who spent $250 to pay for a surgery for their 20 year old gold fish named Bob. Bob’s family spotted a lump on him and took him to the vet. The fish is older than their children so $250 to save his life was worth every penny to them. However, most people probably wouldn’t spend $250 to save a goldfish’s life. What would have happened to Bob if his family was no longer alive and he needed that surgery? Do you want to be certain that your pet will be taken care of when you die? Can you leave your dog, rabbit, or fish money in a Florida trust? How can I gift my estate to my beloved fur baby?
Florida Pet Trust
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. Sadly, when people die without planning for their pet, there is a good chance that their beloved fur child will end up at a local shelter or poorly taken care of. However, probate litigators know that you do not have to let this happen. Ask your West Palm Beach estate planning lawyer to help you.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.