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Simple English definitions for legal terms
pet trust
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A quick definition of pet trust:
A pet trust is a special kind of trust that is made to take care of a pet after its owner dies. There are three types of pet trusts: honorary, traditional, and statutory. An honorary pet trust is not usually enforceable, so it's better to avoid it. A traditional pet trust lets the owner have more control over the pet's future care, like specifying the type of care the pet will receive, what happens if the caretaker can't care for the pet anymore, or what happens to the pet's remains after it dies. In a statutory pet trust, the pet is the direct beneficiary of the trust, and a caretaker provides day-to-day care for the pet.
A more thorough explanation:
A pet trust is a legal arrangement created to ensure that a pet is taken care of after its owner dies. There are three types of pet trusts:
- Honorary Pet Trust: This type of trust involves leaving a sum of money to an individual who is designated to care for the pet. However, courts generally hold that these types of trusts are unenforceable.
- Traditional Pet Trust: In this type of trust, the pet is left to a caretaker, and the trustee is required to make distributions of funds to the caretaker to cover expenses for the pet. The owner has control over the future care of their pet, such as specifying the type of care the pet will receive, what happens if the caretaker is no longer able to care for the pet, or the disposition of the remains of the pet after it dies.
- Statutory Pet Trust: The pet is the direct beneficiary of the trust, and no human beneficiary is required. The pet is left to the trust, and the trustee becomes the owner. A caretaker then provides day-to-day care for the pet.
For example, if a person wants to ensure that their beloved dog is taken care of after they pass away, they can create a pet trust in their will. They can specify who will take care of the dog, how much money will be set aside for the dog's care, and any other instructions they want to include. This ensures that the dog will be taken care of and loved even after the owner is gone.