Submitted by Petlover on Mon, 04/20/2009 - 11:18
I am very, very worried about what will happen to my dog if I outlive her. Does Massachusetts law allow me to set up a trust to take care of her?
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Editor's Response
I'm sorry to tell you that, unlike most other states, Massachusetts has no statute that allows your dog to benefit directly from a trust. I think about the best you can do is to find a couple of people who understand your love for your dog and who are willing to help you out. Then, have your attorney set up a trust for one of these people, the person who agrees to take custody of the dog and care for her. Name the other person as the trustee, the person who controls the purse-strings. With this arrangement, you can be fairly certain that your dog will be cared for. Most attorneys are aware of this situation and use various, similar strategies to address the problem when drafting estate planning documents. Good luck.