Eminent legal scholars such as Harvard Law School professors Alan Dershowitz and Laurence Tribe and others support animal rights. Activist groups have evolved from loose organizations of like-minded advocates to national and international associations with considerable clout. This concept is gaining acceptance in this country and throughout the world. In fact, in 2008, Spain granted legal rights to great apes.Whatever we feel about the work of animal activists, it can’t be denied that we care about animals. Approximately 65 million households in the United States include cats and dogs. An additional 11 to 12 million households include small pets like ferrets, rabbits, fish, hamsters and snakes. And, significantly, most pet owners consider their pets to be members of the family.
So it’s not surprising that in April of 2000, Michigan enacted a new probate code, the Estates and Protected Individuals Code (EPIC), which makes Michigan one of 40 states that has some sort of statutory provisions for “pet trusts” for domestic or pet animals.Nancy Little, an attorney with Foster Zack Little Pasteur & Manning, PC, says, “My area of practice focuses on trusts and estates which would include estate planning and administering trusts and probate estates after a person has died.
“The EPIC legislation permits an individual to leave a trust for a domestic animal. Prior to that, pet animals were considered property, and an individual couldn’t leave a gift to property. But since this legislation, a person can establish a trust to provide for the care of an animal.”
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Pet Trusts Revealed
7 comments:
Thank you for the information available here giving people an opportunity to decide to plan accordingly for their beloved pets.
No kill animal shelters regularly feature pets who arrived at the shelter after the illness or passing of the pets owner/guardian, (yes the term "guardian" is being used in the news).
Personally, I think this is a great idea and I thank the activists who were relentless; those who stood up and spoke for those who do not have a voice; they are the voice for animal rights.
I hope the laws were not written with any loopholes allowing others with greed on their minds to initiate court battles in order to control the trust of the pet.
Court battles are always a consideration in all circumstances and that goes for pets too, when money is involved.
Good going Michigan! For joining the other states with your Estates and Protected Individuals Code to protect the futures of our pets.
I did not know that pets were considered "property"?
Which means as "property" they were (and in many cases still are) disposable? Thanks for the info and the photos of the cute little dog and kitty :-).
Old folks are considered property, too, aren't they, in the eyes of their "guardians"?
I think the word is "chattel" - sounds like cattle; doesn't it?
Here's the thing, pets are emotional to most of us. We spend whatever it takes to indulge them and they are part of our lives.
So, the vultures are circling, waiting on the opportunity to take advantage of our vulnerability on our pets.
Remember that Brooke Astor left millions to the care of her dog, Trouble.
And a year or so later, we read that the judge had overturned Astor's will because too much money was left for Trouble and gee golly, that kept somebody else from getting it.
Whatever you do, if they want the money, they'll go for it -- and likely get it.
Gosh, I could spit roofing nails at anyone who would mess up a pesons wishes with their pets for God's sakes.
Man has already done enough damage via the court system, now we have opened the courthouse door to more people looking for a fast buck?
Is anything or anyone safe or protected in our society?
My cousin had a sudden attack of limpness in her extremeties over the weekend. As we all do, she began to think the worse and she was pretty scared.
But, what she wanted to set straight was what she wanted done with her animals if she didn't make it!
It gives people peace of mind to be able to say what will happen to their pets upon their death and know that they will be taken care of.
The trouble, of course, is the courts. Like Betty said, if they undid Brooke Astor's wishes, well, they'll do it to anybody.
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