Estate Planning for Pets

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The Peace of Mind of a Pet Trust

In the event of their death, many people wish to provide for the adequate care and feeding of their beloved dog, cat, bird or other pet. Until recently, this was difficult since trusts were only available to provide for humans. Now New York has enacted a statute which allows pet owners to create a trust fund for their pets and to have a trustee (which may be more than one person) to manage those funds. Below please find a verbatim copy of New York’s statute authorizing a trust for your pet.

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Protecting Your Pets

  1. A trust for the care of a designated domestic or pet animal is valid. The intended use of the principal or income may be enforced by an individual designated for that purpose in the trust instrument or, if none, by an individual appointed by a court upon application to it by an individual, or by a trustee. Such trust shall terminate when no living animal is covered by the trust, or at the end of twenty-one years, whichever occurs earlier.
  2. 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 a covered animal.
  3. Upon termination, the trustee shall transfer the unexpended trust property as directed in the trust instrument or, if there are no such directions in the trust instrument, the property shall pass to the estate of the grantor.
  4. A court may reduce the amount of property transferred if it determines that amount substantially exceeds the amount required for the intended use. The amount of the reduction, if any, passes as unexpended trust property pursuant to paragraph (c) of the section.
  5. If no trustee is designated or no designated trustee is willing or able to serve, a court shall appoint a trustee and may make such other orders and determinations as are advisable to carry out the intent of the transferor and the purpose of this section.

No doubt you will have many questions about setting up a trust for your beloved pet or pets. Please call us to make an appointment to discuss this further. There is no cost or obligation for the initial consultation. In the meantime, we have established a relationship with an excellent provider for your pet. For more information please visit www.PetEstates.com on the web or call Mary Lynn Gagnon at Pet Estates (518) 663-5732.

As the owner of a collie, wire fox terrier and cockatiel, I can well understand how attached you are to your animal friends. We will make every effort to see that your wishes are carried out faithfully.

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My parents set up a trust with Ettinger Law Firm twenty years ago. I have been impressed with the help and care that I received when I called with questions. I decided it was time for me to set up my own trust, so I came to Ettinger Law Firm to get it done.

– C.V.L.

This is the best choice for elder care and estate planning! Well established and transparent in services and quality of staff is superb. Does free informational dinner programs in a variety of locations. Has built in updates for consumer, this is a firm that you stay with for life. Highly rated. Go now for your peace of mind.

– K.D.

Thanks! Doing our estate planning with you (Mike Ettinger) was an extremely comforting experience. All our questions were answered clearly and concisely. Our concerns were satisfactorily resolved and we felt better educated about trusts, wills, health proxies, etc. The final product format will make it very easy for our heirs to handle our estate with your assistance.

– J. McD

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At Ettinger Law Firm, our elder law lawyers focus on the needs of older adults in New York when protecting their families, assets and future. We recognize that many of our clients have minimal or no experience working with attorneys — our low-pressure approach enables you to make these crucial life decisions at your own pace. Trust our team to educate you and make the information you need accessible throughout the process. 

Contact us today to learn more or schedule a No-Cost Consultation for elder law estate planning. 

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