Monday, June 1, 2015

Pet Trusts are Enforceable in California

​Pet Trusts are Enforceable in California

Traditionally, Pet Trusts were referred to as Honorary Trusts because Pet Trusts were not enforceable.  In essence, the person entrusted with assets to be held for the welfare of a pet was only on their honor to obey the terms of the trust.  There was no legal way to enforce the terms of the Pet Trust ​to make sure the pet was cared for and make sure assets were not squandered.

However, a new California law recognizes the special relationship between pets and their owners. Now, a California pet owner can create a legally enforceable trust to provide for the care of his or her pet animals. Under this new law, Pet Trusts are presumed to be valid as long as certain legal requirements are met. Generally, these requirements ensure that all of the money left in trust for the pets is actually used for the benefit of those pets. 

At Timothy Follett, Attorney at Law, we are experienced in drafting Pet Trusts.  If you have questions and would like to know more about Pet Trusts, please contact us at tim@santabarbaraestateplanner.com or (805) 669-7009.  For more information about our firm visit our website at https://santabarbaraestateplanner.com/

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