Maryland considers law permitting pet trusts
Maybe you’re no Leona Helmsley, and have no plans to leave your dog $12 million to assure he continue living in the luxurious manner to which he has become accustomed.
Maybe you’re no Doris Duke, the tobacco heiress who, in addition to bequeathing large amounts to animal organizations in her will, left $100,000 in a trust for the care and feeding of her dog.
Maybe you’re not even a Dusty Springfield, the 60’s era British singer who specified in her will that, after her death, the friend caring for her cat, Nicholas, ensure that he sleep in a bed lined with her nightgown, that he be fed his favorite imported baby food, and that her recordings — You Don’t Have to Say You Love Me, for example — be played each night at his bedtime.
That doesn’t mean that you might not want to look into making some sane and basic arrangements — even if it’s just an informal agreement with a good friend — in the event your pet outlives you.
About 500,000 animals are killed in shelters and veterinary offices each year after their owners die, according to a Consumer Reports article on pet trusts, originally published in 2007.
If you live in Maryland, though, establishing a pet trust hasn’t been an option. We’re one of 11 states with no legally binding way to ensure that a portion of an estate will be spent on an animals’ care. A bill to change that was approved by the House of Delegates yesterday and will now be considered by the Senate.
If it passes, Maryland would become one of 40 states, including Virginia, that allow residents to establish legal trusts for their pets.
Under the proposed law in Maryland, no more could be set aside than was needed to care for an animal and courts could overrule pet lovers who tried to leave millions to their pets and order that the money be given to other heirs.
Under current Maryland law, residents can name a caretaker for their pets in their wills and ask that a sum of money be set aside for the pets’ care. But if the designated caretaker proves unable or unwilling to care for their pets, there is no guarantee that the deceased’s wishes will be followed. Under the legislation, a court would enforce the terms of the trust, requiring that the money set aside go only to care for designated animals, according to a Washington Post article.
“The states and courts should recognize that there’s an important human-animal bond,” said Michael Markarian, executive vice president of the Humane Society of the United States, which has pushed for such legislation nationwide. “People want the peace of mind of knowing that their pets will be cared for.”
The bill is being sponsored by two professed animal lovers: Del. A. Wade Kach (R-Baltimore County), who has two cats, and Del. John A. Olszewski Jr. (D-Baltimore County), who owns a 2-year-old border collie-chow mix.
“You work hard for what you earn,” Olszewski said. “You should be able to decide how its spent after your death.”
Posted by jwoestendiek February 27th, 2009 under Muttsblog.
Tags: best friends, bill, care, cats, death, dog, doris duke, dusty springfield, estate, law, legislation, leona helmsley, maryland, outlives, pet, pet guardian, pet trusts, pets, trusts, wills









































