New Jersey Lawyers: Hanlon Niemann serving Monmouth County

Creating a Trust for Your Pet </strong>“ <style type="text/css">  </style> <span lang="en" xml:lang="en">

Creating a Trust for Your Pet “Pet Trusts”

Who will care for your dog or cat when you pass away? What will happen to your bird should you become incapacitated? For many people, providing care for their pet after they pass away or if they become incapacitated is a very big concern and, as a result, most states (including New Jersey) have statutes that provide for the enforcement of trusts created for the benefit of pets.

Unlike your children or other relatives or friends that you may leave money to via your last will and testament, an animal cannot be a beneficiary of your will. Instead, pet owners need to designate someone to take care of their pet after they die and they can leave money to that person for the cost of providing care.

Prior to specific statutes which allow for the creation of an enforceable “pet trust,” if an individual left money to a family member or friend in their last will and testament stating in the document that the bequest was solely for the purpose of caring for their pet, the family member or friend would be under no legal obligation to spend the money on their pet. In fact, they could take the pet to the pound and keep the money for themselves if they chose to do so. Any money left in a last will and testament to an individual “for the care of a pet” is merely a request and unenforceable in a court of law.

While many might say, “I trust my brother with my dog and I know he would take care of him”- what happens if your brother’s son becomes allergic to your dog? Or, what happens if your brother moves into an apartment complex that won’t allow pets? A pet trust can provide direction regarding any of the unforeseen circumstances that may arise.

Setting up a trust for your pet is much like setting one up for a person. The trust is a legal entity into which you put money and then designate a trustee who is responsible to safeguard and administer the money. In the case of a pet trust, you designate a caregiver and then the trustee is in charge of making payments to the caregiver for your pet’s expenses (special dietary needs, grooming, pet toys, veterinary care, etc.). Of course, it is always a good idea to name one or more alternate trustees and caregivers in the event something should happen to them. In addition, a provision of the trust will need to provide for what happens to the money you have set aside for your pet after their death. Many people chose to have the remaining balance go to the caregiver or a charitable organization.

It is important to keep your trust up to date with current information and to ensure nothing has changed in your designated caregiver’s situation that might warrant changing designees (are they still willing to take on the commitment, can they still physically handle the responsibility, etc.). It is also a good idea to give a copy of the trust to your chosen caregiver, any successor(s) and family members who may be involved with the care of your pet.

Creating a trust for your pet is not just for the wealthy. It is a relatively inexpensive and practical way to ensure you have provided for your pet when you can no longer do so because of death or incapacity.

If you have any questions about the contents of this article, please call Fredrick P. Niemann personally at 732-863-9900 or e-mail him at fniemann@hnlawfirm.com.

The information contained in the Hanlon Niemann, P.C. ("HN" or the "firm") website is provided for informational purposes only, and should not be construed as legal advice or an offer to perform services on any subject matter. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. Recipients of contents from this site, clients or otherwise, should not act or refrain from acting on the basis of any content included in the site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. HN expressly disclaims all liability with respect to actions taken or not taken based on any or all of the information or other contents of this site. Any information sent to HN via Internet e-mail or through the HN website is not secure and is done so on a non-confidential basis. The transmission of the HN site in part or in whole, and/or communication with HN via Internet e-mail through this site does not constitute or create an attorney-client relationship between HN and any recipients. The firm does not endorse, and is not responsible for, any third-party content that may be accessed through this website. Nothing herein is intended to create an attorney-client relationship and shall not be construed as legal advice. This is not an offer to represent you, nor is it intended to create an attorney-client relationship. The content of any e-mail sent to HN, or any of its attorneys at the e-mail addresses set forth in this website will not create an attorney-client relationship and will not be treated as confidential.

Copyright © 2007 Hanlon Niemann, P.C.. All rights reserved. All materials presented on this site are copyrighted and owned by Hanlon Niemann, P.C., or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.

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This material may contain technical or typographical errors. HN does not guarantee its accuracy or completeness or suitability. IN NO EVENT SHALL HN BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS WEBSITE, OR FOR ANY OTHER HYPERLINKED WEBSITE. HN takes no responsibility and makes no warranty whatever for the content or information contained on sites linked to or from this site. All such links are provided on this website solely for the convenience of users and do not represent any endorsement, advertisement or sponsorship of linked sites or any products or services offered.


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		Creating a Trust for Your Pet </strong>“ <style type="text/css"> <!-- .style1 {font-size: 12px} --> </style> <span lang="en" xml:lang="en"> Creating a Trust for Your Pet “Pet Trusts” Who will care for your dog or cat when you pass away? What will happen to your bird should you become incapacitated? For many people, providing care for their pet after they pass away or if they become incapacitated is a very big concern and, as a result, most states (including New Jersey) have statutes that provide for the enforcement of trusts created for the benefit of pets. Unlike your children or other relatives or friends that you may leave money to via your last will and testament, an animal cannot be a beneficiary of your will. Instead, pet owners need to designate someone to take care of their pet after they die and they can leave money to that person for the cost of providing care. Prior to specific statutes which allow for the creation of an enforceable “pet trust,” if an individual left money to a family member or friend in their last will and testament stating in the document that the bequest was solely for the purpose of caring for their pet, the family member or friend would be under no legal obligation to spend the money on their pet. In fact, they could take the pet to the pound and keep the money for themselves if they chose to do so. Any money left in a last will and testament to an individual “for the care of a pet” is merely a request and unenforceable in a court of law. While many might say, “I trust my brother with my dog and I know he would take care of him”- what happens if your brother’s son becomes allergic to your dog? Or, what happens if your brother moves into an apartment complex that won’t allow pets? A pet trust can provide direction regarding any of the unforeseen circumstances that may arise. Setting up a trust for your pet is much like setting one up for a person. The trust is a legal entity into which you put money and then designate a trustee who is responsible to safeguard and administer the money. In the case of a pet trust, you designate a caregiver and then the trustee is in charge of making payments to the caregiver for your pet’s expenses (special dietary needs, grooming, pet toys, veterinary care, etc.). Of course, it is always a good idea to name one or more alternate trustees and caregivers in the event something should happen to them. In addition, a provision of the trust will need to provide for what happens to the money you have set aside for your pet after their death. Many people chose to have the remaining balance go to the caregiver or a charitable organization. It is important to keep your trust up to date with current information and to ensure nothing has changed in your designated caregiver’s situation that might warrant changing designees (are they still willing to take on the commitment, can they still physically handle the responsibility, etc.). It is also a good idea to give a copy of the trust to your chosen caregiver, any successor(s) and family members who may be involved with the care of your pet. Creating a trust for your pet is not just for the wealthy. It is a relatively inexpensive and practical way to ensure you have provided for your pet when you can no longer do so because of death or incapacity. If you have any questions about the contents of this article, please call Fredrick P. Niemann personally at 732-863-9900 or e-mail him at fniemann@hnlawfirm.com. The information contained in the Hanlon Niemann, P.C. ("HN" or the "firm") website is provided for informational purposes only, and should not be construed as legal advice or an offer to perform services on any subject matter. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. Recipients of contents from this site, clients or otherwise, should not act or refrain from acting on the basis of any content included in the site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. HN expressly disclaims all liability with respect to actions taken or not taken based on any or all of the information or other contents of this site. Any information sent to HN via Internet e-mail or through the HN website is not secure and is done so on a non-confidential basis. The transmission of the HN site in part or in whole, and/or communication with HN via Internet e-mail through this site does not constitute or create an attorney-client relationship between HN and any recipients. The firm does not endorse, and is not responsible for, any third-party content that may be accessed through this website. Nothing herein is intended to create an attorney-client relationship and shall not be construed as legal advice. This is not an offer to represent you, nor is it intended to create an attorney-client relationship. The content of any e-mail sent to HN, or any of its attorneys at the e-mail addresses set forth in this website will not create an attorney-client relationship and will not be treated as confidential. Copyright © 2007 Hanlon Niemann, P.C.. All rights reserved. All materials presented on this site are copyrighted and owned by Hanlon Niemann, P.C., or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited. NO REPRESENTATIONS This material may contain technical or typographical errors. HN does not guarantee its accuracy or completeness or suitability. IN NO EVENT SHALL HN BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS WEBSITE, OR FOR ANY OTHER HYPERLINKED WEBSITE. HN takes no responsibility and makes no warranty whatever for the content or information contained on sites linked to or from this site. All such links are provided on this website solely for the convenience of users and do not represent any endorsement, advertisement or sponsorship of linked sites or any products or services offered.

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