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.
I can't rememeber where I read this, but I've heard there are still a few towns out there that mandate boxers for Great Danes in public.
That must be a sight. :)
Will PETA be the executor of the trust?
I have written several "pet trusts". Mostly for the elderly, whose pet is really their sole companion. You see, they get unconditional love from the pet, while many of them feel that nieces, nephews, children and grandchildren are just hanging around waiting for them to kick the bucket so they can get their hands on the loot!
Imagine their surprise when they find that the dearly departed left the bulk of her estate to various charities and a trust fund for Fifi with the residuary going to the SPCA after Fifi's demise!!!
I believe we must all paws over this a bit! I really want to cats my breath. Maybe I should goldfish.....or go on a drinking Benji !!
I can hardly wait until some old arrogant geezer trains his parrot to contest the parakeet's intestate claims for permanent care.
I wonder what intestate laws might insue from this provision, though hardly a new provision in other states. Indiana, I believe also provides for pet trusts.
So in the pecking order, by default, if the wife receives 50%, 1st direct children/siblings share in the next 25%, and then the 2nd tier relatives in 15%, would the Cocker Spaniel inherit more than the Siamese Cat?,...the parakeet?,...the goldfish?,...or that baby elephant out back?
That's what this is all about. Greedy lawyers becoming "trustees" of old folks' estates. I seriously doubt the animals care.
If you can establish a trust to fund your pet political causes after your death, why is it such a stretch to set up a trust fund to take care of your pet?
So it's like a nursing home for pets? Interesting.
However, I wouldn't want my dog to end uplike that. He's very particular about people (read: neurotic). I'd think it would be kinder to leave a pet with a family or a person that to an institution. I'm sure they treat they animals well, but a pet needs one on one companionship.
How long till they get to decide to pull their owner's feeding tube?
They must be chomping at the bit. Tee-hee.
I suppose there are a lot of people just don't trust their family members enough to leave their pets with them. That's sad. If grannie loved her catts so much, you should honor her and care for them as best you can; I'd figure that what families should do.
My husband's grandmother is nearing ninety and three of her four children have just moved down to Florida and are just waiting... It's morbid. They should should have been her companions much earlier, instead of letting her live alone with her cat.
In my experience, a very large percentage of people who write wills go ahead and split their estate between all the children as opposed to recognizing those who were really there for them through thick and thin. It doesn't make smart financial sense at all for a testator to leave money to the grandchildren unless it is in trust, as there is a huge penalty tax on "generation skipping" transfers.
I think testators wish to maintain family harmony after their death.
Of course, I'm all for spending every last dime. You can't take it with you and inheritance really brings out the worst in many people. Estates become even uglier than divorce in many cases!!
I'm seeing it now, and there isn't even a dead person, yet!
I figure if you want someone you love to benefit from your "extra" wealth, just give them "gifts" while you're still alive. That way there's nothing left for the ghouls to fight over when you're gone.
Beats briefs, I guess!
No big deal, although I wonder what "By Law" consequences might develop from common law. At what level does a personal pet have more rights than a secondary kin,.,...first removed???
So far, pets have no common law inheritance rights. Look for it first to appear in California where pets are referred to as "animal companions."
They are trying to "fleas" the people!
Some Hollyweird Actors' Hamsters must really be excited. :D
Even if there's not law like this, you can do it by conditionally bequeathing a sum of money to an individual on condition that he or she properly care for an animal and providing that, if the animal is not properly cared for, somebody else will get the money. Beneficiary #2 will likely, just about when yhou will's read, become the world's greatest animal laover.
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