[WSBAPT] Pet Question

[Mark Vohr]

Laura –

            We administer a number of Pet Trusts.  It’s always best to coordinate as much as possible what, exactly, is to happen when the pet parent dies.  As we all know, animals, not just pets, but livestock as well, need immediate attention.  There are medical issues, housing issues, and the simple need to maintain contact.  The most important thing is to plan for what is going to happen on the day the owner dies and the immediate future.  For instance, who is taking the pet that day?  Who is feeding the livestock, milking cows, checking fences, crates, the house, is the pet confined etc.

            I bring this up, because the question mentions that this is not for care, which causes me to wonder what is the mechanism for care?  In any event, one needs to concentrate on who has authority and what that authority is.  Pets are personal property, in addition to being living things.   For instance, if you are not creating a trust, then would it be the personal representative responsible for placement?  If so, then the fiduciary duty lies there.  Is that OK with the PR?   If not the PR, then a friend, beneficiary?  What if they fail to serve, can’t refuses, etc.  Was is the legal structure for dealing with the failure on the part of the “friend”.  Would it be a constructive trust situation?  If you have a trust, and a trustee (or convince the PR to take this on), at least you have someone with a duty to act.

            This is a complicated area in a number of respects, and often pet parents don’t fully appreciate the challenges that the fiduciary may face.  So locking in a plan is critical.  I will add that we have some estates where the pets (birds, for instance) are given to someone who actually wants them along with a payments of some sum that is enough to pay for the care for the pets through then end of life.  While often relying on the person to “do the right thing”, that tends to be the least complicated way to handle pets, but, as noted above, really requires the pet parent to do the work.

Regards,

Mark

Mark C. Vohr, Esq.
Ohana Fiduciary Corp.
Ohana Financial Services
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com      www.ohanafc.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Laura Latta
Sent: Friday, December 18, 2020 5:54 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Pet Question

Hello List Mates,

Happy Friday Afternoon, here's an interesting question for anyone still glued to their computer this evening:

If a client wants to make a person (not the Personal Representative)  responsible for finding a suitable home for his or her pets, and then leave a specific gift of funds to the person who undertakes to place the pets in a home, how would you structure these gifts?

It's not a pet trust (I don't think). The funds are NOT intended for the care of the animal. They are intended to compensate the person who undertakes to find the animals a home. And yet, the role the appointee is being asked to serve is much like that of a trustee of a pet trust.

Would you structure it as a specific gift of the pets and then a specific gift of funds conditioned on first finding the pets a home? Or would you try to draft it as a pet trust? Talk the client out of this plan? Other approaches?

Open to your thoughts, ideas, and considerable experience.

Warmly,
Laura


--
Laura Latta
Law Office of Laura Latta PLLC
she/her

Phone (206) 841-2344
www.LauraLatta.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.LauraLatta.com&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=w19FzuPlbFN0L60bqncXPsFDbiAC6sRp-3PINQkS3B4&s=dfrOxuzLUNBLXfmAu_jZy7vdHTT-avD8uMBNreHO11Y&e=>

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