Submitted by LouiseG on Wed, 05/18/2011 - 14:46
I understand that I'm now able to set up a trust that will look after my pet after I'm gone because Massachusetts recently changed the law for that. I had a couple of questions about that. First, what happens to the money I put in the trust after my dog dies and no longer needs it? Also, I hesitate to ask my attorney to do this because I'm not sure of the protocol. If this might be considered trivial for an estate planning attorney. Do you think I should purchase a form of is this something I should have an attorney do?
Trust for care of pets in MA
Yes, you are correct. Massachusetts General Laws Chapter 203, Section 3c establishes a mechanism to allow people to establish trusts for the care of pets after the pet's owner becomes incapacitated or dies. The answer to your first question is addressed in Section 3C(d). The trust terminates upon the death of the animal (or last surviving animal if the trust was intended to care for multiple pets) and, at that point, the trustee distributes the remaining trust property in this order:
1) as directed in the trust instrument;
(2) to the settlor, if living;
(3) if the trust was created in a nonresiduary clause in the transferor's will or in a codicil to the transferor's will, under the residuary clause in the transferor's will; or
(4) to the settlor's heirs in accordance with MGL Chapter 190.
You should certainly not hesitate to contact your estate planning attorney to help you with the creation of the trust. Like any trust, a trust for the care of pets can raise complex issues that your attorney will help you resolve. Good luck.