Massachusetts Pet Trusts
Is a Massachusetts Pet Trust Right for Your Estate Plan?In 2011, Massachusetts ushered in significant changes to its probate code, including the provision for creating a trust dedicated to the well-being of animals. Frequently referred to as a "pet trust," this legal framework extends its influence beyond typical household pets, encompassing farm animals and horses as well.
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The Purpose of the Massachusetts Pet Trust Law
Before 2011, Massachusetts lacked a legally enforceable mechanism to ensure the care of animals. Although you could designate a person in your will to care for your pet, there was no way to guarantee the availability of funds for their welfare or to dictate the precise manner of their care.
The legal shift introduced by this law empowers pet owners to identify both a trustee and a caretaker for their animals. This dual role designation ensures someone is in place to enforce the trust's terms on behalf of the animal and manage the allocated funds for their well-being.
The legal shift introduced by this law empowers pet owners to identify both a trustee and a caretaker for their animals. This dual role designation ensures someone is in place to enforce the trust's terms on behalf of the animal and manage the allocated funds for their well-being.
When Should You Consider a Pet Trust in Your Estate Plan?
The inclusion of a pet trust in your estate plan hinges on several factors:
- Pet's Life Expectancy: Pet trusts are particularly beneficial for pets with long lifespans, such as parrots. If your pet is likely to outlive you by decades, ensuring their long-term welfare becomes a valid concern.
- Pet's Age: The anticipated years your pet has left also factor into the importance of a pet trust. Pets with many years ahead may necessitate the inclusion of such a trust.
- Cost of Care: The financial upkeep of your pet plays a significant role in your decision. While routine care for a cat may not demand trust funds, animals with higher maintenance costs, like horses, may require financial provisions for their future care.
Selecting a Trustee and Caretaker
In the realm of pet trusts, the trustee and caretaker hold distinct roles:
Different qualities may be sought in each role. The caretaker should ideally possess a love for animals and possibly have an existing connection with your pet. In contrast, the trustee primarily requires trustworthiness and effective financial management skills, with a passion for animals being a bonus.
- The trustee manages trust assets and ensures adherence to the trust's terms.
- The caretaker assumes physical responsibility for the animal.
Different qualities may be sought in each role. The caretaker should ideally possess a love for animals and possibly have an existing connection with your pet. In contrast, the trustee primarily requires trustworthiness and effective financial management skills, with a passion for animals being a bonus.
Specifying the Distribution of Assets After the Pet's Life
Similar to a human trust, decisions about the disposition of remaining assets after your pet's passing must be made. You can specify whether the funds should revert to your human heirs or be allocated to a charitable organization, offering you flexibility in your estate planning.
Detailing Your Pet's Care Wishes
During the drafting process, you can create a comprehensive "life care plan" for your pet. This plan covers various aspects, including routine medical care, exercise routines, and guidance on life-prolonging treatments. It also addresses living arrangements, especially if your pet resides with other animals.
Additionally, a pet trust allows you to arrange and finance humane euthanasia when appropriate. For instance, older horses may require this service to prevent suffering. Without funds for veterinary care and burial or cremation, limited options may result in the horse's distressing journey to foreign slaughterhouses. With a pet trust, you can ensure a more dignified and humane end-of-life experience for your beloved animal.
Additionally, a pet trust allows you to arrange and finance humane euthanasia when appropriate. For instance, older horses may require this service to prevent suffering. Without funds for veterinary care and burial or cremation, limited options may result in the horse's distressing journey to foreign slaughterhouses. With a pet trust, you can ensure a more dignified and humane end-of-life experience for your beloved animal.
Balancing Pet's Needs With Your Overall Estate Plan
One potential challenge of a pet trust is resistance from human heirs. Mitigating this risk involves adequately addressing your family's financial needs in your estate plan and allocating a proportionate amount to the pet trust, covering the actual costs of animal care.
Engaging your family in open discussions about your intentions and involving them in the trust can also foster understanding and support for your pet trust arrangements.
Engaging your family in open discussions about your intentions and involving them in the trust can also foster understanding and support for your pet trust arrangements.
Meet Our Estate Planning Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna wrote a book on estate planning: The Road to Peace of Mind: What You Need to Know About Estate Planning. Jenna has helped many individuals and families with planning to protect their legacies and loved ones, and planning for the future and succession of their businesses.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and earned her LLM in estate planning from Western New England Scool of Law in 2016. She has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped many clients with planning for their legacies and their future, and navigating the probate process in Massachusetts after the death of a loved one.
How We Can Help
A Massachusetts pet trust is a valuable estate planning tool for ensuring the ongoing welfare of your beloved animals. Careful consideration of your pet's needs, financial provision, and open communication with your family can help you create a balanced estate plan that secures your pet's future. We are ready to help. You can use the button below to schedule a free information call, or simply give us a call at 781-784-2322.
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