Insight

Is a Trust for my Pet a Viable Option?

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.

Trust for Pets
Anthony J. Enea

Anthony J. Enea

November 22, 2016 12:00 AM

One only needs to observe life’s daily interactions to conclude that pets have become an integral part of the lives of many. It is virtually impossible to go to a mall or airport without encountering someone who has a pet or two in tow. In Westchester County, the importance of pets has been readily apparent for over a century. For almost 120 years, Hartsdale has been the home of what is now recognized as the oldest pet cemetery in the nation. Thus, 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, one could always provide for his or her pet(s) in a Last Will and Testament. One’s pet could be left as a bequest to another with the hope that said person would properly provide for the pet, or one’s Last Will and Testament could specifically allocate a portion of his or her estate for the care and maintenance of the pet(s). However, the problem with providing for one’s pet(s) in one’s Last Will is that the Last Will can be contested for a reason unrelated to the pet, and 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 was one of the first states to enact a Pet Trust Statute. Section 7-8.1 of the New York Estates, Powers and Trusts Law (EPTL) permits the creation of a trust for the care and maintenance of a pet(s). The pet trust can be created and funded during the life of the grantor/creator as an "inter vivos trust" or it can be a testamentary trust, created in one’s Last Will. As with any other trust document, a trustee(s) is appointed to oversee the implementation of the trust terms. Originally, EPTL section 7-8.1 provided that the income and principal of the trust was to be used for the benefit of the designated pet(s) until the death of the pet or at the end of a twenty-one (21) year period, whichever occurs earlier. This was done to comply with the well-established "Rule against Perpetuities," where all interests in property must vest, if at all, no later than twenty-one (21) years after the measuring life passes. However, in 2010, the statute was amended to recognize the fact that some animals may have a longer life expectancy than twenty-one (21) years. Thus, the statute now permits the trust to continue for the entire life span of the pet or animal.

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 grantor/creator of the trust. It is important to note that EPTL Section 7-8.1(b) specifically provides: "(b) Except as expressly provided otherwise in the trust instrument, no portion of the principal or income may be converted to the use of the trustee or to any use other than for the benefit of all covered animals."

EPTL Section 7-8.1(d) provides a court with the authority to reduce the amount of property transferred to the pet trust if it determines that it substantially exceeds the amount required for the intended use. The amount of the reduction, if any, will pass to beneficiaries named to receive upon the death of the pet or animal. The most well-known pet trust is the one created by Leona Helmsley for her beloved white Maltese, "Trouble." Trouble’s Trust was originally funded with twelve million dollars. The Manhattan Surrogate’s Court reduced the size of the trust to two million dollars, determining that the trust was over funded for the implementation of the decedent’s wishes. (Stephanie Strom, Helmsley Left Dogs Billions in Her Will, http://www.nytimes.com/2008/07/02/us/02gift.html [accessed February 4, 2016]; further discussed in In Re Copland, 44 Misc. 3d 485, 988 N.Y.S.2d 458 (2014), N.Y. Slip Op. 24172.)

In conclusion, if one wishes to ensure that one’s pets or animals are adequately protected upon one’s demise, a pet trust, even though it too may be contested, especially if it is overfunded, may be the best and most viable option of ensuring that one’s wishes are implemented.

For more information, follow the source link below.

Related Articles

Protect Your Pets: Westchester Elder Law Attorney Anthony Enea Explains How to Provide for Pets in an Estate Plan


by Anthony J. Enea

Along with pet ownership comes the responsibility of ensuring your companion animal's care and well-being - even if that extends beyond your lifetime.

Elder Law - Pets Estate Plan

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.

Doctor consoles couple in medical office

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.

Red tape blocking off a section of street

IN PARTNERSHIP

Making an Impact


by John Fields

Morelli Law Firm has changed countless lives through its transformative results.

Three men in suits against New York skyline

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.

Warehouse in New York at night

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.

Grieving person sitting on park bench in front of ocean and storm

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.

Danger construction site no trespassing sign on fence

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.

Large brownstone building with blue sky above in New York City

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.

Several people sitting in chairs around boardroom table

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.

Mortgage documents on desk

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.

Image of grieving person on blue background

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.

Male and female lawyer in blue suits

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.

Rosario Dawson's Family Fight for NY Building

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.

Largest Injury Verdicts in New York State

Patrick A. Mullin, Esq. - Annual Report


by Patrick A. Mullin, Esq.

Veteran federal criminal defense attorney Patrick A. Mullin, Esq. provides an annual report of his victories in high-stakes criminal and tax matters.

Patrick A. Mullen Annual Report of Defense

A Reputation for Success


by Justin Smulison

Best Lawyers “Lawyer of the Year” David Perecman on his 40-plus years representing injury victims.

A 40 Year Career in Personal Injury

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.

Digital map of the United States illuminated by numerous bright lights

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.

Digital map of Canadathis on illuminated by numerous bright lights

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™.

French flag in front of country's outline

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.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

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.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

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.

British flag in front of country's outline

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.

Illustrated Hands Breaking Chains Against a Bright Red Background

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.

German flag in front of country's outline

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.

Italian flag in front of country's outline

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.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

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.

Basketball sits in front of stacks of money

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.

Woman in green dress crossing her arms and posing for headshot

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.

Lawyer in green dress stands with hands on table and cityscape in background

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipemtn

Beyond the Billables


by Michele M. Jochner

In a recently conducted, comprehensive study, data reveals a plethora of hidden realities that parents working full-time in the legal industry face every day.

Women in business attire pushing stroller takes a phone call