Posted on 06/25/2005 10:19:20 AM PDT by two134711
The audience was eager for the governor to put pen to paper. Some drooled. Catching the spirit of excitement, a few even lost control and barked. Canines of all sizes and a spotted rabbit named Roxy were among those gathered Friday at the Capitol to watch Gov. Linda Lingle sign into law a measure that allows residents to leave a trust for the care of their dog, cat, or other domestic animal.
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Lingle's two cats, Nani Girl and Stripes, were not in attendance.
"As you know cats don't do as well in public settings like this as dogs do," Lingle said.
Friday also marked National "Take Your Pet to Work Day." Several legislators and a number of other workers showed off their four-legged friends, who mostly behaved.
"These aren't just pets. These are a part of the family. You miss them when you're away. You worry about them. They really are important parts of your life," Lingle said.
Animal law attorney Emily Gardner helped draft the original bill. Garner became attracted to the issue while visiting elderly long-term care patients at St. Francis Hospital with her dog, Toby, who works as a therapy dog.
Some of the residents told her they were concerned about their animals and wanted to be able to provide for them after they died.
"I had to tell them that, unfortunately, that the way the law was currently written there was no legally enforceable means for them to do that," said Gardner, as she cradled Toby.
Researching the state's options, Gardner said she found 20 states had legally enforceable trust laws for pets.
"So why not Hawaii? And now Hawaii does," she said.
But for those concerned that the new law might mean their rich, slightly daffy uncle might now leave his empire to his beloved little Fifi, the law has attempted to address those fears.
A court can reduce the amount transferred to a trust "if it determines that the amount substantially exceeds the amount required for the intended use and the court finds that there will be no substantial adverse impact in the care, maintenance, health, or appearance of the designated domestic or pet animal."
But it might also help to be a trustee.
If animals can inherit property from humans, then they also have a right to contractual agreements with them, which means... oy vey.
How long until they get to marry? :)
No. This is a law which allows a trust to be set up for the purposes of taking care of an animal after it's owner's death. The trustee is still a human being.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
So, does this mean that you can marry your Doberman?
If Uncle Loony wants to leave his entire estate to his parakeet, that's his call. His relatives and the state should have nothing to say about it.
The animal isn't inheriting. The human is making a contract (a trust) in order for certain services to be provided regarding his property, the pet. No different from a contract to board your pet while you're on vacation, except that it's a permanent vacation :-).
I'm surprised this requires a new law; it should already be legal for a trustor to designate his trust to do whatever he wants it to do.
I also don't think the government should have the right to amend the trust deed if they think the provision is unreasonable. It's the decedent's money. If he wants to assign his wealth for his parrot to live at the Ritz for the next 80 years (or until the money runs out) it should be his business, not the state's.
(/freedom of contract rant)
This is a parody of the origin of property rights.
It's OK, as long as the animals are subject to the new rules of eminent domain, the same as us. /sarcasm
Well, if there is a freedom to disinherit an obnoxious relative, then there should be no limitations on the amounts transferred to such trusts.
Animals don't have property rights, so unless the state does actively allow it, it's simply not possible to leave your estate to a pet.
Are you kidding, they are not that stupid; how insensitive can you be?
It will be at least 2 weeks before that is allowed.
*headbanging*
Well if they are good enough to inherit property they are damn good enough to wear underpants! I am sick of seeing animals running around naked! Sick!
*headbanging off*
We've had laws like this in Texas for a while. At the Texas A&M vet school there is a center where people can setup a fund so if they die before their pets then the animals will be taken care of for the rest of their lives. It does so well they just doubled the building's size.
Will they be able to sue in their own right, or will they be deemed incompetents and require a litigation guardian to sue on their behalf?
If a trust is set up for a pet and its descendants, who will fall within the enumerated class of descendants?
If the minor beneficiary of a trust can take the proceeds of the trust upon reaching the age of majority per the rule in Saunders v. Vautier , at what age is a pet deemed no longer to be a minor. (Dog years?)
How will the cy-pres doctrine be applied if the original terms of a trust for a pet cannot be carried out?
So many questions....
-Eric
Teacher's pets can now inherit.
There is a difference between leaving a pet to a person to be cared for under certain conditions and setting up a trust for one's pet (at least I think so). As much as a love my Eskie and my cat (well, I could take or leave her, actually), I'm not leaving them any money.
But if you're an elderly person with no family I can understand the need to want your pet cared for after you're gone.
It just seems odd that this had to be put into law this way.
Sadly, they are. If you were super-wealthy and left all your money to some sort of animal shelter, that shelter could be razed at the whim of some politician with his wallet full of developer money, same as your home or mine.
As an aside, I think everyone should die broke, except for enough money to care for those that truly depended on the deceased (pets, children, non-working spouses). The idea that an estate somehow 'belongs' to adult children or relatives is ludicrous.
In the final analysis the money belongs(ed) to the dearly departed for them to deal with any way they desired.
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