Date: March 8, 2011
By: Deborah L. O'Neill, Esq.
DiFruscia Law Offices
In this week's article we focus on a subject near and dear to many hearts - the family pet. Many people view their pets as family members and worry about the welfare of these animals if the animals should outlive them.
Both New Hampshire and Massachusetts have laws that allow a trust to be set up to provide for the care of an animal. The trust ends upon the death of the last surviving animal. If the trust provides for more than one animal, it terminates upon the death of the last animal. The trust must be set up during the owner's (or settlor's) lifetime.
If you have a pet you would like to set up a trust for you should think about who you want to take on the responsibility of caring for your pet. Remember that this is the person your pet will live with. Before naming a caretaker for your pet, it would be wise to speak with the person to make sure they are willing to take your pet.
You will also need to name a trustee. This is the person who will manage the funds in the trust and distribute them for the benefit of your animal. The funds in the trust can be used only for the care of your pet.
If you have any questions please feel free to contact our office at 978-687-1777 or 603-898-8198, ask for Attorney Deborah O'Neill, or contact me via email at doneill@difruscialaw.com.
Be sure to tune in to our cable television show, "The Law and You," hosted by Attorney Anthony DiFruscia of DiFruscia Law Offices, which airs on the Windham Cable Channel 21. This month's guest is Attorney David Nixon of Manchester, New Hampshire. For more information, please contact Kelly McLaughlin at (603) 434-0300.
