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Pet Trusts Lawyer – Family And Pet Dog Sitting On The Couch – Affiliated Attorneys, LLC

Pet Trusts

Over a Half a Million Pets are Euthanized Every Year –
Don’t Let That Happen to Your Beloved Companion

Have you seriously considered what will become of your faithful companion – your beloved pet – upon your death or disability? If not, now is the time. If you don’t have a plan that quickly and easily provides for your pet’s food, shelter, and care, please keep reading.  

The specific estate planning method you use will depend on your state laws, your pet’s needs, your goals and financial resources. Working together, you and your attorney can plan for the best method to ensure that your pet will continue to have a quality life.

Consider these frequently asked questions and be sure to ask your attorney for more details. Don’t wait until it’s too late…
Pet Trusts Lawyer — Family And Pet Dog Sitting On The Couch — Affiliated Attorneys, LLC
  • Can I provide for my pet in my estate plan?

    Yes. However, even though you consider your pet as a companion and devoted friend, legally, your pet is ‘personal property’ – and is not given the status of a person. That makes it critical to choose the right planning method. You could provide for your pet in your last will and testament or by creating a trust.

  • Isn’t my will the easiest place to plan for the care of my pet?

    Even though it may seem ‘easy’ to include a bequest for your pet within your will, it may not be the best approach. Why? Because your will must go through probate before it takes effect. This can be time consuming and uncertain, and your pet will need immediate attention. Your pet is not like your spouse, adult children or your siblings – they can take care of themselves until the probate process is complete.  


    But since your pet needs food, water, shelter, and love every day, this may not be the best way to provide for your pet.. During probate, your pet’s care, or even ownership, can be in jeopardy. So, while you may want to include provisions in your will for your pet, first consider other methods. Many people are now using a ‘trust’ to provide funds and direction for the care of their pet.

  • How does setting up a trust help me provide for my pet?

    Unlike a will that is subject to the probate process, a trust becomes effective immediately upon the terms outlined in your trust – usually death or disability. Your trust specifies the details concerning the care and control of your pet, as well as making funds available. Your trust can also give specific directions about the daily care, medical attention, physical control, and even burial of your pet.

  • What is a trust and how does it work to provide for the care of my pet?

    A trust is a legal entity set up to accomplish a particular purpose. You and your attorney will outline the specifics that detail when and under what circumstances the trust will take effect. This includes how the trust will be funded, who will be the trustee, successor trustee, beneficiary, and caretaker, and how the trustee or caretaker will manage your pet and the funds for your pet.


    You want your loving pet to be fed, cared for, and to receive medical attention. You may also want to designate funds for pet insurance, or even to enforce the trust. In your trust, you can also leave real property for housing your beloved companion.

  • What types of trusts are available to provide care for my pet?

    A ‘pet trusts’ is really a generic term and is applied to a trust that provides for your pet. A pet cannot be a beneficiary of a traditional legal trust because one of the legal requirements for a trust is that there must be a beneficiary, and that beneficiary must be able to enforce the terms of the trust. Obviously, a pet cannot enforce a trust. So, the choice and structure of a trust must take this into account and be properly worded to accomplish your goals.


    Most trusts for the care of pets include the following:

    • Statutory Pet Trust – Some states are enacting statutes that allow for enforceable pet trusts. This generally means that the trust can designate a third party who will have the power to enforce the terms of the trust – to compel the caretaker or trustee to use the trust funds for your pet. Some issues that arise with these trusts include whether the amount of funds in the trust is ‘reasonable’ according to court standards, and who the designated third party to enforce the trust would be.  
    • Honorary Trust – This is a type of trust set up for a specific purpose (such as to provide for a pet) but without a definite beneficiary. The problem with an honorary trust is that without a statute specifically authorizing it as a pet trust, it is essentially unenforceable.  
    • Traditional Legal Trust – One of the best methods to ensure the care of your beloved pet is to set up a traditional legal trust. Your attorney can carefully add language to avoid problems. One method used is to actually place the pet and sufficient funds into the trust. The pet and the funds are the body of the trust. Your attorney then names the caretaker of your pet as the ‘beneficiary’ of the trust. You name a trustee – the party responsible for managing the funds and the caretaker.
  • How much should I leave for the care of my pet?

    You and your attorney will work together to evaluate the factors that influence this decision. You need to consider your finances, your pet, and the amount of care that will likely be involved for the pet’s anticipated lifespan. Obviously, providing for the care of some pets will be more expensive than for others. If your pet is an elderly dog, you will not need to designate as much as you would for a young horse.

Guardianship

For some members of our society, legal protection may be necessary even after they have entered adulthood. These individuals may have been injured in an accident, continue to suffer from an incapacitating physical illness or psychological disorder, or have some other condition that prevents them from caring for themselves. In these cases, a guardianship may be established. 
  • Guardians and Protected Persons

    Guardianship, also referred to as conservatorship, is a legal arrangement that places an individual, also known as a ward or protected person, under the supervision of a guardian, or custodian.  There are two main types of guardianship: guardianship of the person and guardianship of the estate or property.


    A guardian is typically a family member, friend, or fiduciary appointed by the court.  A protected person can be a minor without a parental guardian or an adult who can no longer make safe and sound decisions about his or her own person or property.  Additionally, a person may be placed under guardianship who is prone to fraud or undue external influence. 


    While guardianship does attempt to maintain the protected person’s independence, it should only be considered in appropriate cases, as it may significantly impinge upon rights of the individual. 


    Appointment of a guardian can materially limit the rights and privileges of the protected individual in areas such as:

    • Choosing residence
    • Providing informed consent to medical treatment
    • Making end-of-life decisions
    • Making property transactions
    • Obtaining a driver’s license
    • Owning, possessing, or carrying a firearm or other weapon
    • Contracting or filing law suits
    • Marriage
    • Voting
  • Right to Due Process

    To safeguard the protected person’s right to due process, he or she may be entitled to notice of, and ability to attend all legal proceedings related to guardianship.  In addition, the protected person may obtain representation by an attorney, present evidence, and confront and cross-examine all witnesses.

  • Guardianship of the Person

    Guardianship of the person often relegates the following responsibilities to the appointed guardian:

    • Determining and maintaining residence
    • Providing informed consent to and supervising medical treatment
    • Consenting to and supervising non-medical services such as education, psychiatric or behavioral counseling
    • Making end-of-life decisions
    • Paying debts and other expenses
    • Maintaining the protected person’s autonomy as much as possible

    The guardian may be required to report to the court about his or her activities on an annual basis.

  • Guardianship of the Estate or Property

    Guardianship of the estate or property transfers the following responsibilities to the guardian:

    • Organizing, gathering and protecting assets
    • Arranging appraisals of property
    • Safeguarding property and assets from loss, whenever possible
    • Managing income from assets
    • Making appropriate payments
    • Obtaining court approval prior to any sale of major assets
    • Reporting to the court the estate’s status on a regular basis

    Many guardianships are temporary arrangements, meant to protect an incapacitated individual until he or she regains capacity. 

  • Guardianship of Minors

    Guardianships may also be used to protect the legal rights of a minor.  In the event that a parent is no longer able to act on behalf of his or her child, a guardian, usually a relative, is appointed.  Unlike an adoption, under a guardianship, parents may remain responsible for supporting the child financially and they do not necessarily forfeit their parental rights.

    A minor may be considered for legal guardianship if his or her parent cannot provide shelter, does not have a steady income, suffers from an illness, or is incarcerated.  In most instances, parental approval is sought prior to any legal proceedings. 

Elder Law & Medicaid Planning

The high cost of long-term care has made planning a critically important issue for most middle class seniors and their families. In fact, most seniors will likely require some form of long-term care. Sadly, many of them are unprepared for the significant financial burdens it places on their family’s hard earned savings. Financial devastation looms large for a family facing ongoing care at a rate of $10,000 or more per month.
  • Long-Term Care Options

    The other option to pay for care is Medicaid.  A joint federal-state program, Medicaid provides medical assistance to low-income individuals, including those who are 65 or older, disabled or blind.  Medicaid is the single largest payer of nursing home bills in America and serves as the option of last resort for people who have no other way to finance their long-term care.  Although Medicaid eligibility rules vary from state to state, federal minimum standards and guidelines must be observed.

     

    While Medicaid eligibility with respect to long-term care was not difficult in the past, there has been a steady drift towards more complex and restrictive rules, the latest being the Deficit Reduction Act of 2005 which went into effect in 2006.  These changes have resulted in complex eligibility requirements for those in need of Medicaid benefits.  It’s no longer as easy as reviewing one’s bank statements.  There are a myriad of regulations involving look-back periods, income caps, transfer penalties and waiting periods to plan around.

     

    While some seniors are able to afford private pay care, the cost of long-term care will wipe out savings of all but the wealthiest families in a matter of years.  Those who have planned ahead by purchasing long-term care insurance have a degree of certainty and peace of mind, knowing that they have a lesser need to rely on other sources in the future.  Unfortunately, many can’t afford the high cost of long term care insurance or worse, because of age of medical condition cannot qualify for long term care insurance altogether.  If you do have long-term care insurance, you should be aware of what your policy covers.  Many policies have high deductibles or provide for only a short period of care in facility.  In fact, many who have long-term care insurance still have to resort to Medicaid to pay for their care.

  • Medicaid Eligibility

    The other option to pay for care is Medicaid.  A joint federal-state program, Medicaid provides medical assistance to low-income individuals, including those who are 65 or older, disabled or blind.  Medicaid is the single largest payer of nursing home bills in America and serves as the option of last resort for people who have no other way to finance their long-term care.  Although Medicaid eligibility rules vary from state to state, federal minimum standards and guidelines must be observed.

     

    While Medicaid eligibility with respect to long-term care was not difficult in the past, there has been a steady drift towards more complex and restrictive rules, the latest being the Deficit Reduction Act of 2005 which went into effect in 2006.  These changes have resulted in complex eligibility requirements for those in need of Medicaid benefits.  It’s no longer as easy as reviewing one’s bank statements.  There are a myriad of regulations involving look-back periods, income caps, transfer penalties and waiting periods to plan around.

     

    Our law firm has the experience and the expertise to help avoid the financial ruin associated with the high cost of long-term care.  Contact us today to start the process of understanding the issues surrounding Medicaid eligibility and to implement the planning and application process.

Residential Real Estate

Buying or selling a home is probably the most significant financial transaction that anyone undertakes in their lifetime. While this can be an exciting time, without the proper legal guidance, the process can be frustrating, overwhelming and more expensive than necessary. Even if there are no obvious disagreements between the Buyer and Seller it is advisable for each party to enter into real estate transactions with their own attorney who can help steer them away from common pitfalls and make the transaction an enjoyable experience. 
We represent Buyers and Sellers from drafting a Purchase and Sale Contract through obtaining the final Title Insurance Policy. 
We offer our clients broad based real estate legal advice and representation in the following transactions: 
  • Real Estate Sales Transactions
  • Closings
  • Leases
In addition to real estate transactions, we assist with the following residential real estate issues:
  • Foreclosures
  • Breach of contract
  • Buyer-seller disputes
  • Landlord-tenant disputes

Landlord Tenants

Criminal & Traffic Violations

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