Tampa Pet Trust Attorney
Estate planning is about more than providing for your human family members. If you have a dog, cat, or other animal in your care, you want to make sure they will be taken care of as well after you are gone. An important legal tool to help you accomplish this goal is a pet trust.
Florida law recognizes pet trusts in a similar manner to other revocable living trusts commonly used in estate planning. Our Tampa pet trust attorney can explain the process to you. Knudsen Law is a full-service Florida estate and probate firm that assists clients in establishing pet trusts to ensure that your beloved animal is not forgotten should the worst happen to you.
How Does a Florida Pet Trust Work?
Contrary to some sensational stories you might have read, a human being cannot actually leave their estate to a pet. As a matter of law, animals are considered personal property. They cannot legally inherit money or any other form of property from their human owner.
What Florida law permits, however, is the creation of a “trust for the care of an animal.” The basic idea is fairly simple: You leave money or other property to a trustee, who uses those assets to provide for the care of one or more animals that you own. The trust can also name a separate caregiver who will actually take the animals into their home if you die or become incapacitated. Keep in mind, this is a revocable trust, meaning you can amend its terms–or even abolish the trust outright–during your lifetime.
While you are generally free to set the terms of your pet trust, Florida law does impose a few key restrictions:
- The trust must terminate on the death of the animal. If the trust was created to care for multiple animals, it must terminate on the death of the last surviving animal.
- If the trustee is unable or unwilling to serve, and the trust document fails to name a successor, then any person with an interest in the animal’s welfare may ask a judge to appoint a trustee. The court may also remove a trustee who is not carrying out their duties.
- A pet trust can only be used to provide for the care of the specified animals. If the trust does not provide for what to do with any excess or unused funds, a court can distribute it back to the settlor (if they are still living) or their estate.
Contact the Tampa Pet Trust Attorneys at Knudsen Law Today
A pet trust is about more than providing the necessary funds to care for your animal. It is also about keeping them out of a shelter or burdening family members who are unable to take-in your beloved pet when you can no longer care for them. It is therefore worth taking the time to set up a pet trust correctly. If you need legal advice or guidance from a qualified Tampa pet trust attorney, contact Knudsen Law today at (727) 398-3600 to schedule a consultation.
