Overland Park Attorney

Giving a Home to Stray Cats

People frequently use their estate plans as a way of continuing to support things they love after they pass away. One woman in Italy recently did so by bequeathing her home to stray cats.

The late Fiorella Scannabissi of Bologna, Italy loved cats. During her lifetime she took in many of the city's strays.

As The Local reports in "Bologna's Cats Inherit Plush Apartment," she loved the stray cats of the city so much that she left her top-floor, seven-room apartment to them. No, this is not a case where the neighbors might consider going to court to stop a messy situation.

The cats will not be living in the home.

Instead, Scannabissi left instructions for her home to be sold by the local council. The proceeds from the sale will be donated to the city's cattery, which takes care of the local strays.

What this illustrates is the flexibility of estate plans.

This is just one example of what can be done in an estate plan to make sure that what you support in life continues to receive support after you pass away. For Scannabissi it just happened to be stray cats.

If you love something else, you can use your estate plan to continue support it. Doing so often is not very complicated, especially if you have the advice and creativity of an experienced estate planning attorney who can structure your estate plan to further your goals.

If you want to learn more about Estate Planing in Overland Park, KS (and throughout the rest of Kansas and Missouri), please visit my Estate Planning website.

Reference: The Local (Dec. 3, 2015) "Bologna's Cats Inherit Plush Apartment"

 

Estate Planning Options for Your Pets

Increasingly people are making provisions in their estate plans for their pets. If you would like to do the same, then you have a few options for how to do it.

In the past people gave little thought to what might happen to their pets after they passed away. It certainly was not common to provide ways for pets to continue receiving care in estate plans.

Today, however, pets are increasingly being viewed as important family members that need to be provided for in estate plans along with human relatives.

Time recently published an article on this phenomenon entitled "How to Make Sure Your Pet Is Cared for When You Die."

The article mentions three ways to provide for a pet in your estate plan:

• Will Beneficiary – In your will you can name someone to inherit your pet and leave them money to care for the animal. This can be a little problematic as there is no way to guarantee that the person will use the funds to care for your pet, so only do this if you are certain the person will love your pet as much as you do.
• Will Trust – You can create a trust in your will and leave funds for the trust to care for your pet. In every state except Minnesota this will create a trust. A probate court will designate a trustee and caretaker for your pet to see that your pet is cared for.
• Traditional Trust – You can create a trust and fund it with the assets necessary for your pet's care. It is common to appoint as trustee the person who will also be the pet's caregiver, but it is not necessary.

If you would like more information about providing for your pet after you pass away, speak with an estate planning attorney about the above options.

If you want to learn more about Estate Planing in Overland Park, KS (and throughout the rest of Kansas and Missouri), please visit my Estate Planning website.

Reference: Time (Nov. 18, 2015) "How to Make Sure Your Pet Is Cared for When You Die."

 

How to Care for Your Pet … After You Pass Away

We love our pets. Nearly two-thirds of all Americans have a pet, and among those who do, nearly 70% have a dog; 50% have a cat; 11% have fish; 8% have birds; and 7% have horses, rodents or reptiles. Nearly 90% of all pet owners consider their pets to be part of their family, and in some cases, their pets are their only family. Many pet owners, however, are unaware or uninformed as to what might happen to their pets should they die or become incapacitated. Traditionally, a legal obstacle to leaving money to care for pets, both during life and after death, was common law. Pets had been treated historically as personal property and therefore could not own property in their name – nor could they be beneficiaries of a trust. That began to change in 1990 when the Uniform Probate Code was amended to recognize the creation of Pet Trusts, and states began to enact pet trust laws that govern in the event of an owner’s death or disability.

The Naples Daily News recently published an article, “Pet Trusts Gaining Popularity.” The article describes how the state of Florida enacted laws that authorized the establishment of pet trusts in 2003. These rules allow for people to provide for the care and maintenance for the lifetime of their pets.

Now almost every state recognizes these trusts (which vary in each state). A named trustee will typically be responsible for the investment, management and distribution of the trust assets. Another individual is named to avoid conflict of interest as the pet’s caregiver. The trust will include details for caregivers, medical needs, and the final arrangements for the pet’s death.

However, Internal Revenue Code typically doesn’t recognize pet trusts, as an animal isn’t a “person” by definition. The trust wouldn’t work because it doesn’t have a legal "beneficiary.” Nonetheless, the IRS does recognize pet trusts for tax purposes.

If the trust is validly established under state law, the assets passed to a pet trust are included in the decedent’s gross taxable estate. But no part of the assets qualifies for a charitable deduction—even if the remainder beneficiary after the passing of the pet is a qualifying charity.

You should speak with a qualified estate planning attorney because estate taxes and other expenses attributable to the trust will need to be considered when drafting a pet trust. Planning for your pets can be an important part of your estate planning process. Make sure that all members of your family—including your pets—are cared for in your estate plan.

If you want to learn more about Estate Planing in Overland Park, KS (and throughout the rest of Kansas and Missouri), please visit my Estate Planning website.

 Reference: Naples Daily News (August 17, 2015) “Pet Trusts Gaining Popularity”

 

 

Dog to Receive Fortune

Many people wish to leave things behind for their pets to make sure that they are taken care of after the owners pass away. However, one woman in Queens is taking that to the extreme.

 

It is often a good idea to leave an inheritance for your favored pets. It is a way to make sure the pets will be taken care of adequately after you pass away. Most people who wish to bequeath an inheritance to their pets leave just enough for the animals' basic care and support.

Rose Ann Bolasny, however, is not most people.

The Queens woman plans to leave her dog, Bella Mia, a trust fund worth six figures and a house in Florida worth a million dollars. The New York Post has the full story in an article titled "Pampered pooch to inherit 6-figure trust fund, $1M house."

 Obviously, this is taking things to the extreme.

 If you want to leave something for the future care of your pet after your passing, then you do not need to leave the pet wealthier than most humans. However, you do need to plan ahead with an experienced estate planning attorney. He or she can make sure you have left an inheritance for your pet in a manner allowed by the laws of your state.

 Of course, as pets have much shorter life spans than humans, you might also need to change your plans if something should happen to your pet.

 information about Estate Planning in Overland Park, KS (and throughout the rest of Kansas and Missouri), please visit my Estate Planning website.

 Reference: New York Post (January 16, 2015) "Pampered pooch to inherit 6-figure trust fund, $1M house"

 

 

Taking Your Dog with You

For many people, dogs are more than just best friends. They are a valued member of the family. However, pets, unlike other family members, are legally property. This raises the question whether you can direct that your pets be put to sleep after you pass away.

 

An Indiana woman named Connie Ley passed away in November. In her will, she made provisions for her pet German shepherd. The first provision was fairly standard. Ley directed that one of her friends should look after the dog. However, Ley also went on to direct that the dog should be put to sleep, cremated and that its ashes should be buried with Ley.

 The Washington Posthas the full story in an article titled "Indiana woman wants to be laid to rest with her German shepherd. One problem: The dog is still alive."

 

In this particular case, the dog is currently in a shelter waiting for a court to determine whether Ley's wishes will be followed.

 This is not the first time that the issue has come up. In some other cases courts have decided to put pets down as directed in the wills of the owners. The reason for this is that as much as we often think of our pets as part of the family, the law treats them as personal property.

 Animal cruelty laws aside, we are free to do with our pets as we please, including directing what should happen to them after we pass away.

 The lesson here? If you want to determine what will happen to your pets after you pass away, then you should make that a part of your will. If you do not, then a court will decide what happens.

 Consult an experienced estate planning attorney who can explain your range of options.

 For more information about Estate Planning in Overland Park, KS (and throughout the rest of Kansas and Missouri), please visit my Estate Planning website.

 Reference: Washington Post (December 17, 2014) "Indiana woman wants to be laid to rest with her German shepherd. One problem: The dog is still alive"