Once you have decided to draw up a pet trust in California, you will need to designate a person (or persons) as caregivers for your pet in the event of your death or disablement. Possibly the most important decision involved in the pet trust process, determining the best person or persons to continue the care of your beloved pet is a decision that is crucial for your pet's future. While money is certainly necessary to supply your pet with his or her basic needs, a loving caregiver is equally as important, providing the same level of care and compassion that you have provided.
The case of Leona Helmsley has proven the importance of choosing the right caregiver, and ensuring that the chosen person or persons is willing to care for your pet. Helmsley bequested her Maltese to her brother, Alvin Rosenthal. Rosenthal later refused the responsibility of caring for the dog, and the dog was given to Helmsley's former employees for their care. The ensuing "custody battle" resulted in Trouble being moved from place to place, an occurrence that was the exact opposite of Helmsley's stated wishes.
Had Helmsley been given adequate legal counsel concerning the specifics of creating a pet trust, these difficulties involving her last will and testament might have been nonexistent. This is the reason why it is of utmost importance to put a great deal of thought and consideration into the choice of the best caregiver for your pet in the event of your disability or death. Someone who will love and care for you pet as much as you do might be hard to find, but you should make every attempt to find the right person.
It is also a good idea to choose an alternate caregiver, should your first choice be unable or unwilling to accept the responsibility of caring for your pet. This will ease your mind by ensuring that there is a "plan B", and that your pet will have a loving home, even if there are snags in your original plans. Additionally, statutory pet trusts can stipulate that if the original beneficiary or caregiver does not follow your instructions in the care of your pet, an alternate caregiver can assume the responsibility.
Drawing up a California pet trust is a simple process, but having a highly skilled pet trust attorney is most important to ensure that the pet trust is all that you want it to be. Attorneys who have little to no experience with California pet trusts will charge the same fees as attorneys who have a lot of experience in this specialty area; so why trust the future of your pet to inexperience? Contact a qualified pet trust attorney to discuss your options, or to receive consultation on the best type of pet trust for you and your beloved companion.
Kevin Von Tungeln is the Managing Partner of TVTTrustLaw.com and Thompson Von Tungeln, P.C. Kevin practices exclusively in the areas of estate planning, probate, wills, conservatorships and trust administration. Visit http://www.TVTTrustLaw.com or call (661) 945-5868 to learn more.
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