Vermont Pet Care Trust Law
In 2009, Vermont became one of the latest states to make domestic pets and animals legally protected beneficiaries in a pet trust. In Vermont Statute 14A V.S.A.408:
- You may create a pet trust specifically for the care of one or more domestic pets or animals, as long as you identify which of your pets or animals are the beneficiaries of your pet trust, and as long as they are living when you pass away.
- You may designate an individual to enforce the pet trust, or if you have not done so, a court may appoint one. The person appointed to enforce the pet trust has the same rights as a trust beneficiary to accountings and reports, being involved in decisions about the pet trust, and enforcing the trust in court if necessary.
- You may also designate a caregiver, or caregivers, for the designated animals, to provide day to day care for them, much like a guardian for minor children.
- The funds or property that you transfer into the pet trust may be used only for the benefit of the designated animals, including compensation to the caregiver and pet trust enforcer, i.e. for the intended use of the pet trust. If the pet trust provides for them, burial and other post-death expenses are included.
- The courts have authority to reduce the amount of money or property in the pet trust if they determine that the value of the pet trust property exceeds the amount required for the intended use of the property. If a court makes that determination, the excess property goes back to the creator of the pet trust, or if they are deceased, to their estate.
- The pet trust does not terminate until the last animal or other individuals named in the trust, die.
- On termination, the remaining pet trust property/funds are transferred as directed in the pet trust, or if there is no direction in the pet trust, it reverts to the pet trust creator’s estate.
TIP ONE: Since the only protected pets are the ones that you designate in the trust, be sure to amend your pet trust when you change the pets that you wanted protected by the trust, and identify the pets so that there is no confusion about who is protected.
TIP TWO: Be sure to designate an individual to enforce the trust (a trustee). Better yet, be sure and name at least one alternate. Your pets cannot speak for themselves!
TIP THREE: Create a dedicated pet trust. Do not rely upon the goodwill of others, as circumstances may change. Without creating a pet trust, and naming each of your pets as beneficiaries in that trust, your pets are regarded as just property, to be disposed of or sold at the whim of their “owners.”
LINKS: Why a Pet Care Trust
Trusted Pet Partners provides affordable, simple, on line Pet Trusts for the ongoing care of your pets.
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