Valerie Howell volunteers at the Miami-Dade County animal shelter, so she knows exactly that happens when people die without having provided for their pets."Maybe a relative doesn't know what to do with them, so they end up there and may be euthanized," said Howell, a Coral Gables physical therapist. ``Or, they end up at a no-kill shelter and spend years living in a cage.''
To guarantee that no such fate befalls the felines in her life when the end comes, Howell, 56, is including a pet trust in her estate plan.
"Almost everybody I know knows I love animals, and are not surprised," she said.
Pet trusts aren't just for quirky millionaires anymore, like real-estate mogul Leona Helmsley, who left $12 million to her Malti-poo in 2007 -- which a judge later reduced to $2 million -- or Miami Beach heiress Gail Posner, who bequeathed her $8.3 million mansion and $3 million to her Chihuahua and two other dogs last summer.
The key provisions of Florida Statute 736.0408 are:(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.''
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Pet Provisions
That's real great - if the judges don't screw with them!
ReplyDeleteJust a Minute...
ReplyDeleteDo you believe that the state of Florida, "The Sunshine State" is going to enforce their Florida Statues in a Court of Law? Do you believe that a Florida Court will honor the wishes of the beneficiary of a Trust??
See(2) below and think again!!
Florida does not protect their vulnerable, elderly, & disabled people and I'm supposed to believe that Florida would protect my dog?? Forgive me animals lovers. I love animals too but, not more than my own mother!!
My mother, further referred to as RCD, has been held criminally confined for almost 3 years now, held against her will, by a court appointed "professional guardian" in Port Orange, Volusia County Florida.
While visiting her son, William C. Denmark in New Smyrna Beach, FL and accompanied by her daughter, RCD fell prey to team of probate lawyers and Jetta L. Getty, owner of “Young at Heart Elderly Services” in Port Orange, FL 32129 I am of the firm belief that Getty and her team committed Extrinsic Fraud upon the court in FL and PA.
It is public knowledge that Jetta Getty has/had an on going business relationship with Edith Myett of Ormond Beach, Florida. Getty and Myett employed & paid each other from the estates of those they were court ordered to protect. Edith Myett was arrested recently and also has a Judgement against her in excess of $100,000.00 after mismanaging a Trust. Myett was removed as guardian on several cases and guess who volunteered to take over Myett's case load... yep, Jetta Getty!!
It is a matter in this Florida court record, that the Judge was not given pertinent information by his officers of the court, regarding residence and domicile of RCD. It is also evident by the court transcript that the Judge didn’t bother to confirm that he had jurisdiction in the matter!
It is a matter of this Pennsylvania court record that, RCD is a Pennsylvania resident and a PA domiciliary with over whelming testimony that RCD wants to return to Pennsylvania.
While the case of RCD remains before the courts and RCD remains criminally confined, it surely appears to be a kidnapping!!
If you would like more information contact hlpeffer@yahoo.com
I really think this is a good idea and at the same time, I know it's yet another opportunity for lawyers to get rich at the expense of the pet we're trying to protect!
ReplyDeleteI love my pets and want to provide for them when I am gone. Thank you for this article, NASGA.
ReplyDeleteThis is common sense planning. People have pets, people LOVE their pets and want what's best for them if and when the time comes that nobody wants to think about. Smart and thank you NASGA for sharing.
ReplyDeleteReally Thelma...You are so right about that. We fear for our loved ones and now possibly our pets...what could and will be next. Yeah I can it coming that they will want to tax that.
ReplyDeletesome people love their pets more than their family members and in some situations i understand fully how people can come to that conclusion i think this is a good plan to get what we want in writing and provide funds to care for our beloved critters
ReplyDelete