According to the 2015-16 APPA National Pet Owners Survey by the American Pet Products Association, approximately 65% of all households in the United States have a pet. Along with pet ownership comes the responsibility of ensuring your companion animal's care and well-being - even if that extends beyond your lifetime. Westchester elder law attorney Anthony J. Enea of Enea, Scanlan & Sirignano, LLP in White Plains and Somers, N.Y. recently addressed the importance of protecting your pet's future and urges pet owners to consider including companions animals in their estate plan.
"One only needs to observe life's daily interactions to conclude that pets have become an integral part of the lives of many," said Anthony Enea. "The question most pet owners face is what steps they can undertake to ensure that their pet or other domestic animal is properly provided for in the event of their demise."
Historically, pets were most commonly provided for in the owner's Last Will and Testament. Pets could be left as a bequest to another with the hope that the animal(s) would be properly cared for. The Last Will could also specifically allocate a portion of the owner's estate for the care and maintenance of the pet(s).
"The problem with providing for pets in a Last Will is that the document can be contested for a reason unrelated to the pet," explained Enea. "There can also be a significant lapse of time between one's death and the appointment of the executor of said Last Will. These roadblocks can essentially leave the pet in a state of limbo. Because of these impediments, the wishes of pet owners have, in many instances, been thwarted by the use of a Last Will to provide for their pets."
In 1996, New York became one of the first states to enact a Pet Trust Statute permitting the creation of a trust for the care and maintenance of pets. The pet trust can be created and funded during the life of the creator as an "inter vivos trust" or it can be a testamentary trust, created in one's Last Will. At the end of the life of the pet or animal, the trust will terminate and the balance of the income and principal of the trust will be distributed per the wishes of the trust's creator.
Perhaps the most well-known pet trust was created by Leona Helmsley for her beloved white Maltese, Trouble. Although Trouble's trust was originally funded with twelve million dollars, the Manhattan Surrogate's Court ultimately reduced the size of the trust to two million dollars after determining it was significantly overfunded. Most pet trusts, however, are not so extravagant.
"Pet trusts are not solely for the wealthy and are not overly complex," said Enea. "While a pet trust can still be contested (especially if it is overfunded), it is often the best and most viable option of ensuring that your wishes are implemented."
For more information, follow the source link below.
Insight
Protect Your Pets: Westchester Elder Law Attorney Anthony Enea Explains How to Provide for Pets in an Estate Plan
Along with pet ownership comes the responsibility of ensuring your companion animal's care and well-being - even if that extends beyond your lifetime.
Related Articles
Ellen G. Makofsky, 2018 "Lawyer of the Year" for Elder Law
by Nicole Ortiz
Ellen G. Makofsky of Makofsky and Associates was named 2018 "Lawyer of the Year" in Long Island for Elder Law.
Is a Trust for my Pet a Viable Option?
by Anthony J. Enea
The question most pet owners’ face is what steps they can undertake to ensure that their pet or other domestic animal is properly provided for in the event of their demise.
One of NY’s Top Personal Injury Lawyers on 2 Surprising Trends Transforming the Industry
by Gregory Sirico
Lawyer Jeff Korek talks emerging personal injury law trends in IVF litigation and trial scarcity.
The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery
by Elizabeth M. Midgley and V. Christopher Potenza
The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.
IN PARTNERSHIP
Making an Impact
by John Fields
Morelli Law Firm has changed countless lives through its transformative results.
IN PARTNERSHIP
A Street Fight in the Bronx
by Adam Leitman Bailey
Adam Leitman Bailey’s firm helped settle a Bronx brawl over land between two parties and brought victory against a long-standing powerful family in New York.
The Tragic Limitations of New York’s Outdated Wrongful Death Law
by David Scher
New York might be a progressive state in many respects, but its wrongful death law is itself a regressive tragedy—essentially the same statute first passed in the mid-1800s—that prolongs and deepens grieving families’ suffering. This must change.
IN PARTNERSHIP
Heroes Among Men: How Adam Leitman Bailey, P.C. Saved Lives of the Lifesaving
by Rebecca Blackwell
When a 911 Center in New York City was put in danger, Adam Leitman Bailey, P.C. went to work against the unlawful and hazardous actions of a developer whose construction threatened the peace and safety of all who worked for the Fortune 500 company.
IN PARTNERSHIP
Adam Leitman Bailey Saves Upper East Cooperative From Forced NYU Combination With Neighboring University Building
by Rebecca Blackwell
When a New York resident of an iconic building was faced with a potentially devastating renovation to his beloved home, powerhouse real estate lawyer Adam Leitman Bailey tightened the knot on the loophole others said didn’t exist.
IN PARTNERSHIP
How To Run a Board Meeting
by Adam Leitman Bailey
Adam Leitman Bailey explains how using Robert's Rules of Order can assist with effective and productive board meetings in real estate matters.
IN PARTNERSHIP
The Wolf Near Wall Street
by Rebecca Blackwell
When tensions among shared real estate owners reached their tipping point, Adam Leitman Bailey P.C. stepped in and solved a modern issue with an ancient remedy.
IN PARTNERSHIP
What is The Grieving Families Act (2022)?
by Michael L. Taub
Best Lawyers honoree Michael Taub explains The Grieving Families Act and what it means for wrongful death and malpractice cases in New York.
IN PARTNERSHIP
Results That Make a Difference
by John Fields
Thomas Moore and Judith Livingston continue to secure some of the largest verdicts in New York state for their injured clients.
East Side Story
by Adam Leitman Bailey
The made-for-Hollywood tale of a 16-year legal tussle to help a dedicated band of Manhattan “homesteaders” take ownership of the buildings they had moved into and begun to rehab.
Trending Articles
2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.
by Jennifer Verta
Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.
Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence
by Jennifer Verta
Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.
Legal Distinction on Display: 15th Edition of The Best Lawyers in France™
by Best Lawyers
The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.
Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico
by Jennifer Verta
Celebrating top legal professionals in South America and the Caribbean.
Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom
by Best Lawyers
Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.
Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa
by Jennifer Verta
Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.
Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform
by Jennifer Verta
Explore how Prop 36 could shape California's sentencing laws and justice reform.
Announcing the 16th Edition of the Best Lawyers in Germany Rankings
by Best Lawyers
Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.
Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™
by Best Lawyers
Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.
Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot
by Gregory Sirico
Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.
Find the Best Lawyers for Your Needs
by Jennifer Verta
Discover how Best Lawyers simplifies the attorney search process.
Key Developments and Trends in U.S. Commercial Litigation
by Justin Smulison
Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.
Woman on a Mission
by Rebecca Blackwell
Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.
Best Lawyers Celebrates Women in the Law: Ninth Edition
by Alliccia Odeyemi
Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.
