Fortunately, your concerns are resolved by the Massachusetts Pet Trust Law MGLA 203E § 408. This law allows a trust to be established for the life of the settlor/owner to continue the care of a pet or other animal if the pet loses its loving owner.
However, as shown in Teresa A. Jablonski's Estate Matters [1], If you decide to establish a trust for your beloved furry friend, make sure it is well-drafted and will outlive the pet who is your beloved beneficiary. Please consider the possibilities.inside Jablonski In this case, Teresa A. Jablonski (“Teresa”) established a testamentary trust pursuant to her will, which was to be funded upon her death. The beneficiaries of this trust were limited to her dog, Licorice, and other pets owned by her decedent at the time of her death. The trust provided that after the pet beneficiary's death, “the Trustee shall have the power and authority to designate a charitable organization to receive the remainder of all funds in its possession, custody, and control.”Lycoris died before Teresa.. Teresa had no other pets at the time of her death. As a result, the court must decide whether to terminate Teresa's trust before her death, creating intestacy, or whether to use the trust's contingency clause to control the distribution of her assets. It was.
The court held that the pet trust established under the decedent's will was terminated prior to Teresa's death. c. 203E, §408(a), “[u]Unless the trust deed provides for earlier termination, the trust shall terminate upon the death of the animal or if the trust was established to provide care for more than one animal. [one] Animals that lived during the colonist's life after the colonist's death [the] The last surviving animal. ” Since neither Licorice nor any other pets survived the decedent, the trust was terminated before Teresa's death.
Termination of trust based on GL c. 203E, § 408(a), a trustee “must transfer unused trust property in the following order: (1) according to the instructions in the trust instrument; and (2) to the settlor, if resident. (3) if the trust is created under the residuary provisions of the grantor's will or of the Code; or pursuant to subsection (4), the trustor to be the heir of [G. L. c. 190B]”GL c. 203E, §408(d). In Teresa's case, the testamentary trust explicitly stated that the trustee “has the power and authority to designate a charity to receive the remainder of any funds in its possession, custody, or control.” did. However, because a testamentary trust is only funded upon the decedent's death (in this case, after the trust terminates), the trustee did not own or possess any of the funds at the time of the trust termination. The court concluded that because the trust had lapsed, Teresa's estate must be distributed to her immediate family, namely her four nieces and nephews, rather than to the charity she had hoped.
It seems clear that this was not the outcome Teresa intended when she created the pet trust. It is important to consider and address all possibilities to ensure that your real estate assets are distributed according to your wishes.To avoid the problem you encountered Jablonski, When creating a pet trust, you must:
- Specify clearly what will happen to the remaining assets if the trust fails.
- Appoint a trusted trustee and caretaker, and a person or organization on your behalf, who will provide care in your pet's best interests.
- Please include detailed instructions for your pet's health.and
- If your pet dies, update your trust or will.
The good news is that pet trusts can provide peace of mind to owners of beloved pets. However, careful consideration must be given in advance to avoid confusion and the potential for further increases in legal costs in enforcing the provisions.
[1] In the Matter of the Estate of Teresa A. Jablonski, 492 Mass. 687 (2023)
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