Is a Massachusetts Pet Trust Right for You?
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In 2011, the Massachusetts legislature enacted many changes to the probate code. One of these changes was to allow people to create a trust for the benefit of an animal or animals. Though commonly called a "pet trust," this law has estate planing implications for other animals, like farm animals or horses, as well.
The Purpose of the Massachusetts Pet Trust LawPrior to 2011, there was not a way under Massachusetts law to provide for the care of an animal in a legally enforceable way. You could identify a person in your will to take possession of the animal, but could not ensure that there would be available funds for its care or that it would be cared for in a certain way.
The change in the law allows pet owners to identify a trustee as well as a caretaker for the animal. This ensures that there is someone who can enforce the terms of the trust on the animal's behalf, as well as way of administering funds for its care. When You Might Consider a Pet TrustWhether a pet trust is something you want to include in your estate planning will depend on a number of factors.
First, what is your pet's life expectancy? This kind of trust may be most attractive for people with pets that have long life spans, like a parrot. If the animal will be around for decades after you pass, you would be right to be concerned about ensuring their well-being in the long run. Second, how old is your pet? Just as with life expectancy in general, the more years you expect your pet to live may determine how important a pet trust is to you. Third, how expensive is the animal's care? You may not need to set aside funds to provide for the routine care of a cat. An animal with more expensive upkeep, like a horse, may be hard to find a home for without reserving some trust funds for its care. |
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Choosing a Trustee and Caretaker
The trustee and the caretaker are two distinct roles under the pet trust statute. The trustee is the person who manages the trust assets and ensures that the terms of the trust are carried out. The caretaker is the person who is actually physically responsible for the animal.
Because these roles are different, you may be looking for different characteristics. It would be important for the caretaker to love animals and perhaps have a connection already with your pet.
The trustee, in contrast, simply needs to be someone who you trust and who can reliably manage the funds you place in trust. it does not hurt if they are an animal lover, but that is not as critical a consideration as it is for the caretaker.
Because these roles are different, you may be looking for different characteristics. It would be important for the caretaker to love animals and perhaps have a connection already with your pet.
The trustee, in contrast, simply needs to be someone who you trust and who can reliably manage the funds you place in trust. it does not hurt if they are an animal lover, but that is not as critical a consideration as it is for the caretaker.
Specifying the Distribution of Assets After the Pet's Life
Just like a trust for a human, you will have to decide what happens to any remaining assets once the pet or pets are no longer living. You may want any remaining funds to go back to your human heirs, or you may have a charitable organization you want them to go to. Whatever you wish, you can specify that in the trust document as well.
Specifying Your Wishes for the Animal's Care
As part of the drafting process, you can prepare a "life care plan" for your pet. This can include instructions about routine medical care and exercise. It can also include instructions about whether to administer life-prolonging treatments toward the end of the animal's life, whether the animal lives in a house with other pets, and much more.
You can also use a pet trust to arrange for and fund humane euthanasia if that is appropriate. An example is an older horse. Without funds to pay a veterinarian to put the horse to sleep and arrange for burial or cremation, an owner may have limited choices if the horse can no longer be cared for or is in pain. Since the banning of horse slaughterhouses in the United States in 2007, many have chosen the option to sell the horses to Canadian or Mexican slaughterhouses.
This means the last days of the animal's life are often spent in a crowded and unpleasant trailer traveling to Canada or Mexico. If this is not what you want for your horse and you don't have a suitable caretaker, you can use a pet trust to pay for the vet and the burial or cremation in a way that you find acceptable.
You can also use a pet trust to arrange for and fund humane euthanasia if that is appropriate. An example is an older horse. Without funds to pay a veterinarian to put the horse to sleep and arrange for burial or cremation, an owner may have limited choices if the horse can no longer be cared for or is in pain. Since the banning of horse slaughterhouses in the United States in 2007, many have chosen the option to sell the horses to Canadian or Mexican slaughterhouses.
This means the last days of the animal's life are often spent in a crowded and unpleasant trailer traveling to Canada or Mexico. If this is not what you want for your horse and you don't have a suitable caretaker, you can use a pet trust to pay for the vet and the burial or cremation in a way that you find acceptable.
Balancing the Pet's Needs With the Rest of Your Estate Plan
One of the risks of a pet trust is that your human heirs may challenge it. This is much less likely to happen if you have taken care of your family in your estate plan, and designated an amount to the pet trust that is proportionate to the actual cost of caring for the animal.
It also helps to have a conversation with your family about what you are doing and why, and if appropriate involve them in the trust itself.
It also helps to have a conversation with your family about what you are doing and why, and if appropriate involve them in the trust itself.
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Jenna Ordway
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