THE CURIOUS LAWYER

Your best client just asked you to write a Pet Trust – What will you do?

More and more, this is what is happening. Yet only a few provisions in the laws exist.

In summary, Florida Statute 736.0408 states that:

The pets must be alive at the time of the writing of the Trust
The Trust operates until the death of the last pet named in the Trust
The Trust can be enforced by a person appointed by the trustmaker or a person appointed by the court
If the value of the Trust exceeds the amount needed to care for the pet, the excess must be distributed to the creator of the Trust, if still living, or to a residuary beneficiary named by the trustmaker

Nothing in the Law...

Nothing in the law talks about the pet(s) care. The primary difference between drafting a Pet Trust and any other Trust is a Pet Trust is a document designed for providing for a piece of "Property" (as pets are considered under the law).

Often Attorneys charged with this task have few resources to tap into. The legal structure of the Trust is not the hard part. It's the devil in the details of how to outline the way to administer care to the animal being provided for in the Pet Trust. There's a wealth of information that should be included so a future Caretaker will know how to take care of the pet and maintain its current lifestyle.

Where does an attorney begin? How do you incorporate how many treats a dog eats into the legal language? How frustrated do you feel that your time may be consumed by non-legal prep work?

So... We Talked to Attorneys Like You

We spoke to a sampling of Estate Planning and Elder Attorneys about their experiences with Pet Trusts. A few declined to prepare one for their clients because of their lack of experience and the minimal amount of information available to guide them.

Some recommended their clients designate a beneficiary in their Will or Trust to take on the role of Caretaker for their pet, with a lump sum awarded to them for the pets care. Other attorneys had prepared a few Pet Trusts but admitted when questioned, that the results did not include a great deal about pet care or products.

The Foundation spent a few years researching ways to improve Pet Trusts for attorneys and pet lovers. The absence of resources on Pet Trusts and how to prepare them was evident. Edwin D Marks Animal Foundation is here to help you!

Animals have always been dear to me...

Brenda Marks, the Founder of EDMAF worried about the future of her 3 yr old poodle if something should happen to her. She enlisted the help of an attorney to write a Pet Trust to protect her pet's future. If she could no longer provide care for her furbaby, she wanted this Pet Trust to make sure her beloved pet was cared for the way she wanted. Her attorney asked some questions about the poodle and prepared the Pet Trust. Brenda realized that the directions for her pet's care lacked the details she thought should be included.

Although the Trust had some broad guidelines for the pet's care, there wasn't enough. How could Brenda be assured that her dog's food would be special-ordered or that she went to the groomer every two weeks?

Brenda felt that the Trust was not comprehensive enough to provide her beloved poodle with the lifestyle she is used to living. As a result, EDMAF was born. We talked more and more about Brenda's Pet Trust and recognized five different areas we thought needed to be developed. These Essential Components became the structure we use as the guide to creating a more informative Pet Trust that should be more beneficial for the new Caretaker to take care of the Pet Trust Pet. Our Foundation is here to provide this information to attorneys and their clients on how to create a well-designed Pet Trust that includes the details a new Caretaker should have to keep the pet living life the way it's used to.

Brenda Marks

The Goal of the Edwin D Marks Animal Foundation

Our purpose is to educate Pet Lovers about Pet Trusts and to help Attorneys and their clients prepare Pet Trust Care Plans with a budget to support those plans. In case the owner gets sick, injured, or dies, this plan outlines all the details needed for the care of their beloved pet in their new home.

Preparing a Pet Trust can save a dog or cat's life!

Pet Trusts are a better way of ensuring a pet is safe and cared for the way the owner wants, keeping their pet from being brought to a shelter where, ultimately, it can be euthanized. People don't realize this: Even No-Kill shelters kill with 10% of their incoming population can still be euthanized!

You Can Become a Pet Trust Specialist!

Our Website Makes Your Job Easier!

Need to prepare a Pet Trust? Feeling confused? Stressed? Don't worry! Our website has an abundance of resources to help guide you through the preparation of a Pet Trust.

You know the legal stuff. We'll help you through the other parts. Our resources can guide you on how to prepare a well-designed and comprehensive Pet Trust document that will set you apart from other attorneys. We've given you a peek on this page of what to expect. Our articles, videos, and blogs contain a variety of information about Pet Trusts and the Care Plan that is like an instruction manual on how to care for the pet.

Essential Trust Components

We broke the Pet Trust down into six Essential Components. These are the topics that join together to cover most every aspect of taking care of a pet. They show you the entire picture of pet care from who will take care of the Pet Trust Pet to figuring out how to budget and fund the Pet Trust.

The biggest focus is on the Care Plan, the part attorneys find difficult to prepare because it covers the day-to-day detailed care of the animal. There is so much to include in the Care Plan that it would take an extraordinary amount of time, but we've got a plan for how to get it done easily and efficiently.

Six Essential Components

Identify the Pet

It's a way to avoid fraud! No pet owner wants to pay for the care of someone else's pet without their knowledge! By clearly describing the pet(s), you can help avoid fraud. In addition to the basic method of ID, such as name, breed, sex, and birthdate, include the description of what the pet looks like. Add your pet's distinctive colors and markings. Include the characteristics that set this pet apart from others of the same breed.

Create the Care Plan

This is the meat and potatoes of your Pet Trust. It's probably the reason behind the pet owner preparing the Trust. The Care Plan, the core of the Pet Trust, outlines most aspects of the daily life of the pet. It covers their care from sun-up to sun-down, and in-between, and includes what products and services are used, medical information, and routines. Then, after all the care is stated, a budget needs to be worked out, and funding determined.

Build The Care Team

Pet lovers take care of pets like family. They even take care of other people's pets. Like your clients' pets. Designating people to be the Trustee, Caretaker, and recommended Foster along with the Veterinarian, will form the pet's Care Team. They must all agree to follow the guidelines of the Trust to enable the pet to live the lifestyle it's accustomed to. It's also important to name successors for each position to help ensure the Care Team is always intact.

Determine the Budget

Most people grossly underestimate how much money is needed to care for a pet. They usually consider food and grooming but omit other areas that are not regularly used. We have taken into account the common daily expenses and many areas that people don't regularly consider as an expense in (See Trust Costs) to help your clients build a complete budget. It is also important to know the average life expectancy of your pet's breed or a similar breed. The budget must include enough money to compensate for the remainder of the pet's life taking into account the age, breed, and health of the pet. Additional money must be included to cover possible medical emergencies or litigation, and administrative costs. Our additional resources for preparing a budget should make this process easier.

Fund the Trust Account

If money grew on trees, this part would be easy. Since it doesn't, your client must determine where the money will come from to fund the Pet Trust. There needs to be enough money upfront to be able to provide short-term care while the pet owner is alive. The bulk of the money can then be added after the pet owner's death. The immediate and Long Term funding can be accomplished in a variety of ways, depending on your client's financial circumstances, the age, and health of the pet, and the lifestyle the pet lives. Once the budget is determined, funding can be arranged. EDMAF offers resources to differentiate between funding sources. In addition to you, the client's attorney, a financial advisor, and an accountant can also assist your client with how to fund their Pet Trust.

The Legal Part

This is where your expertise counts! All the information we provide gets encased in the legal language. We'll guide you through five of the six Essential Components but leave the legal part to you, the attorney. You are the professional preparing the Pet Trust. We just want to help you through the time-consuming non-legal parts where, previously, there hasn't been much information or guidance available to help you. You take care of what legal language is needed throughout the Trust to make it valid and compliant with your client's state laws. When the six Essential Components are completed, the results should be a detailed and comprehensive Pet Trust that clearly outlines the directions the Care Team needs to provide the same level of care and lifestyle the pet is used to.

True Costs

We help you and your client determine the "true costs" of caring for their pets. There's more to Pet Care Costs than food and toys. There are many expenses associated with the costs of having a pet that people don't recognize.

How many people would realize that if your dog has accidents in the house, Carpet Cleaning is now a Pet Care Expense? Or if your cat climbs the screens on your windows and makes holes, the cost to replace them is a Pet Care Expense? Pet liability on your Homeowner's or Renter's Insurance is also part of your expenses. Situations like this are part of the costs for the pet and should be included in the budget. It's important to think outside the box of daily costs. The Foundation can give you suggestions on other products and services that most people don't recognize as Pet Care Expenses.

Time Well Spent

Your time can be spent on legal documents, not pet care documents. Doesn't it feel like the day is never long enough to accomplish everything you need to do? That's why we want to provide you with the resources you need to make Pet Trust preparation easy for you.

Gaining information from our website will save you time and frustration. We tell you what we believe is important to include in a Pet Trust. You can use the information to develop a set of questions to ask, then use the answers to construct the "Care Plan" for the Pet Trust you are preparing. Recommend your client visits our website at MarksFound.org and uses our information to guide them in developing their own Care Plan. Then, you can incorporate that information into your Trust document. What a timesaver for you!

We're happy to help!

Our Foundation is dedicated to educating attorneys and their clients about Pet Trusts. We are committed to providing resources to guide you with preparing Pet Trusts that will enable your client's pets to live the life they love. Contact us if you need any further information.