Pet Trusts: Caring For Fluffy And Fido After You’re Gone
In this 90-minute webinar, Jim D. Sarlis, Esq., will provide an overview of Pet Trusts; how they relate to the issues surrounding post-mortem pet care, past and present; legal, historical, and practical perspectives; the advantages of Pet Trusts; a review of other options.
- November 9, 2021
- 1:00 PM
- 2:30 PM
- 1.5
- 1.5
- Virtual Participation
1:00 – 1:05 p.m.
Welcome and Introduction
1:05 – 1:30 p.m.
DEFINING THE PROBLEM
• Americans’ relationship to their pets
• We’re their families (mommies and daddies)
• Members of the family, not livestock
• They give us love and emotional well-being
• Pets’ legal categorization as personal property -- and that’s really where the problem is and its implications
WILLS
• How Wills work
• The probate process
• The problem of probate, will contests, delay, and enforceable provisions
• Famous Wills vs. The practical concerns of regular folks ($4 million vs. Making sure pet is fed)
• Attempts to use conditional bequests
• Problems with conditional bequests
• The rule against perpetuities – Pet lifespans at odds with traditional 21yr period
• Problems with enforcement
(0.5 in areas of professional practice)
1:30– 1:55 p.m.
TRUSTS
• How Trusts work
• Problems with traditional Trusts
• Can pets be beneficiaries of Trusts? traditional answer no since they are personal property, they can’t be beneficiaries of Trust
• The rule against perpetuities – Pet lifespans at odds with traditional 21yr period
• Problems with enforcement
PET TRUSTS TO THE RESCUE!
• What is a Pet Trust?
• All 50 states and DC have enacted pet trust laws
• Look at samples from other states
• NY Pet Trust: EPTL 7-8.1
• 6 Points to Note about NY’s pet statute
• What is a Pet? -- what is included and what is not? Bill introduced to include Race Horses vs Pet Horses did not pass
(0.5 in areas of professional practice)
1:55 – 2:20 p.m.
OTHER OPTIONS
• Pet Retirement homes
• Pet organizations like ASPCA etc.
REVIEW SAMPLE PET TRUST
REVIEW SAMPLE PET POWER OF ATTORNEY
(0.5 in areas of professional practice)
2:20 – 2:30 p.m.
Q&A
Speaker:
Jim D. Sarlis, Esq.
The Law Office of Jim D. Sarlis, Esq.
Rosedale, NY
- Jim D. Sarlis, Esq., Speaker, The Law Office of Jim D. Sarlis
- Webinar
- 0LE21
- Committee on Animals and the Law
- Elder Law & Special Needs Section
- Trusts & Estates Law Section
- Committee on Continuing Legal Education