Wills and Trusts

Summary: This chapter allows the cremated remains of a deceased law enforcement or military animal of a deceased owner to be scattered, placed, or interred in a manner described in this subsection before, after, or in conjunction with the interment of the remains of the deceased owner. The deceased animal's cremated remains may be scattered or placed on top of the deceased owner's burial plot or interred on top of the deceased owner's burial plot as long as the interment of the deceased animal's cremated remains does not encroach on a neighboring burial plot, involve disinterment of the owner, or involve digging greater than one foot of depth. The person owning the deceased animal must consent in writing and give this consent to the cemetery owner. If the deceased owner does not own the animal at the time of the deceased animal's death, the deceased owner may provide written notice in his or her last will, in a written designation to the cemetery, or in a funeral planning declaration.

Summary: This Ohio case dealt with a deceased testator's will that bequeathed his dog to a certain person, including $1000 to be used for the care of the dog. The issues in this case were whether the testamentary bequest for the care of the dog was valid in Ohio as a proper subject of a "honorary trust," whether the bequest violated the rule against perpetuities, and whether the bequest was subject to the inheritance tax laws of Ohio. Ohio's Ninth District Court of Appeals held: 1) the testator's purpose was not capricious or illegal, and that such gift, whether designated as an 'honorary trust' or a gift with a power which is valid when exercised, is lawful; 2) such a bequest does not, by the terms of the will, violate the rule against perpetuities; and 3) a succession tax based on the amount of money expended for the care of the dog cannot lawfully be imposed, since the money is not property passing for the use of a "person, institution or corporation."

Summary: This article explores the history of trusts created for the care and maintenance of companion animals under common law. It then examines the enactment of state pet trust laws, which now allow individuals to establish trusts to care for pets after their death. Finally, the paper discusses recent challenges in court to pet trusts for excessive amounts.

Summary:

Nearly three-fourths of American households include pets. Often, these pets are considered to be members of the family and are cared for as such. When a pet owner dies, however, questions often arise as to who will be responsible for continuing to care for the animals. Previously, probate and trust laws did not allow pet owners to provide for the care of their pets after death. In 1990, the National Conference of Commissioners on Uniform State Laws (NCCUSL) enacted the first pet trust statute in the Uniform Probate Code.

Since then, the NCCUSL passed the Uniform Trust Code, which included a pet trust provision, and currently forty-six states and the District of Columbia have passed statutes specific to pet trusts. These laws are designed to create enforceable trusts for the care of animals after an owner’s death. Variations in these statutes across jurisdictions, however, lead to situations where a pet owner’s wishes may not be honored or enforced. This Article analyzes the statutory language found in the Uniform Probate Code, the Uniform Trust Code, and various state statutes relating to pet trusts. This Article identifies the strengths, weaknesses, and purposes of the pet trust statutes, and it concludes with a draft of improved pet trust legislation that will be beneficial to pet owners, trustees, caretakers, and pets alike.

Summary:

This introduction to Volume 16, part 2 is an author-based account of her experience incorporating animal law into her private law practice.

Summary: This Minnesota law enacted in 2016 allows for the creation of a pet trust. A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon 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, upon the death of the last surviving animal. Interestingly, the trust may not be enforced for more than 90 years.

Summary: This suit was filed after Grey and Johansson entered into a disagreement about who was the rightful owner of Johansson’s late wife’s horse, Navy. Grey was Johansson’s lawyer and was left responsible for caring for and handling all sales regarding her horses after her death. Grey filed suit for fraud and defamation against Johansson after he publicly referred to Grey as a “horse stealer.” Ultimately, the court held that Grey did not produce enough to evidence to establish a case for either fraud or defamation against Johanasson. Although Johanasson did call Grey a “horse stealer,” the court found that this comment was protected by judicial privilege.

Summary: This law enacted in 2015 allows the creation of a trust may to provide for the care of one or more animals that are "in being and ascertainable" on the date of the creation of the trust. The trust may designate a caregiver for each animal. The trust terminates on the death of the last surviving animal named in the trust. The "comments" that follow the statutory language provide some interesting explanation of several provisions of the new law.

Summary: This Mississippi statute allows a trust to be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settlor's lifetime, upon the death of the last surviving animal.

Summary: This document contains a link to the will of Leslie Ann Mandel. The will contains a bequest and/or trust related to her 32 pet birds for their continuing care in the amount of $100,000. The will contains specific provisions for their care, including days of the week in which the cages must be cleaned and the specific type of feed. A trustee is appointed in the will to carry out the trust created in the will.