Our New "Minor Children" in the American Family - The Law, the Implications For Pets

What? A "Pet trust"? Pets as our "children"? We are supposed to consider including our pet animals - dogs, cats, birds, etc - as "family members" and "loved ones" who should be covered in our testamentary trust or will and our estate planning? Aren't these just mere "animals"?

Well, not quite so any more these days!

Americans own a huge number of pets, including about 68 million dogs and 73 million cats, according to a 2000 estimate by the American Pet Products Manufacturers Association. What is even particularly fundamental, however, from the sociological standpoint and the transformation of the American society, is this: That for a great many Americans, and a growing number of them, their home pets are now considered a bona fide "member of the family," and not just "animals" any more.

An October 1999 survey by the USA Today newspaper, for example, found that more than 66% of American pet owners said they consider their pets "a member of the family." In a more recent survey by the American Animal Hospital Association, a whopping 84% of American pet owners were reported to think of their animal companions as being their kids.

In deed, a more telling indices of the dramatic evolution of the pet from mere 'animals' towards the highly exulted status of a 'family member' in the American society, is the general attitude of the pet owners towards their pets and simply the way they treat, regard and relate with their pets. For example, according to surveys, some 79% of pet owners allow their pets to sleep in their beds with them, while 3% of them even count pets in the number of IRS withholdings they claim for tax purposes. The evidence is simply astounding: 50% of American pet owners talk "baby talk" to their pets; 37% of them carry a picture of their pets in their wallets; 27% of them include their pets in their testamentary trusts or wills; while 8% buy health insurance for their pets. There's more. Nowadays, the "custody fights" over pets among divorcing couples who own pets, are among the most hotly contested issues in divorce proceedings; pet owners now throw lavish wedding and birthday parties for dogs, cats, and other pet animals, more adults today have pets than children, and so on and on.

Summed up simply, just about all those kinds of special rights, privileges and actions that have traditionally been reserved for and directed towards protecting and caring for human children, are, today, now used to protect and care for pets, as well. In other words, gradually but surely, there is now in the American society a new and increasingly significant kind of "family members" and "children." It's called the NON-human or pet animal family members and children!

And that brings us to this major question: how has the American law evolved in response to this developing new sociological reality in the American society? In terms of providing our new-found pet animal "infant children" the essential legal rights, care and protections as would be fitting for our human "infant children"? Suffice it simply to say, that a new specialized area of law has developed in the American jurisprudence pertaining to this issue. One significant aspect of it is what is known as the "pet trust" law. In point of fact, the American pet owners have for centuries expressed concerns and interest in establishing an estate plan for their animals in the same manner as people plan for their spouses and children, but that general impulse had for so long been resisted by the State legislatures and the Courts based on one legal rationale or the other. However, beginning in the 1990s, under the guidelines established by the National Conference of Commissioners of Uniform State Laws, State legislatures (at least 40 of them as of 2006) and the courts have adopted laws which address precisely those concerns and now permit the creation of trusts specifically for the custody and care of designated pets and their offspring in times of the incapacity or death of their owner.

Basically, with a legally valid 'pet trust,' you (the pet owner) can make specific provisions as to the care of your pets in the event of your disability or death, and provide for a reliable caretaker and funding arrangement for the pet all of which will be legally enforceable by the courts. Thus, with the "pet trust," a relatively recent estate planning tool applicable for pet animals, you can assure that in the event of any such emergency, your pets will not likely wind up in the shelter or pound somewhere awaiting euthanasia, but will be taken into a safe home and will be properly cared for by a responsible, caring caretaker.

Affordable self-help dog, cat, pet estate planning [http://www.EstatePlanAndTrustforPets.com/index.html] pet's future pet trust and will [http://www.EstatePlanAndTrustForPets.Com/id73.html]

If Our Pets Were Really Our 'Minor Children' Most of Us 'Parents' Would Be in Jail for Child Neglect

As a pet owner, do you need to have a pet trust or will in your estate plan? Well, maybe so, given the fact that in the American society of today one fundamental sociological reality has now become absolutely indisputable and well-established, namely, that America's house pets (generally defined nowadays to include dogs, cats, fish, reptiles, and other small animals) are increasingly considered a member of the family or a child, and not just "animals" any more.

The evidence? The results of many credible surveys and studies, for example, which show, as in the case of an October 1999 report by the USA Today newspaper, for example, that more than 66% of American pet owners consider their pets as "a member of the family," or as in the case of a more recent survey by the American Animal Hospital Association, which show that a whopping 84% of them thought of their animal companions as being their kids. As well as the evidence from the physical attitude, treatment and relationship of pet owners towards their companion animals. Unfortunately, however, that's not the case! Not at all. In deed, quite the opposite is the case with most pet owners. Yes, it's true that among pet lovers a strong impulse and wish often exists to make such a provision for the care of their pets in the event of the incapacity or death of the pet owner. But, typically, the vast majority of the American pet owners generally fail to follow through, however, to actually translate that professed desire into reality for the pets' future. In point of fact, the most modern and effective way to "plan" for the pet's future protection and care in case of a serious contingency, is through setting up an estate planning instrument called a "pet trust" for the pets. With a valid pet trust (and a few other simple estate planning vehicles related to it), you can make specific provisions for the care of your pets in the event of your disability or death, and provide for a reliable caretaker and funding arrangement for the pet which will be legally enforceable by the courts.

Nevertheless, most pet owners fail to set up such a device for their pets. Most pet owners, in deed even the estate plan professionals and lawyers in the field, are not too well informed about it. Pet owners pathetically fail, in overwhelming numbers, either to make any estate planning at all in their own affairs, or to include their pets in such plans, and frequently wind up leaving their pets with no protections and subject to undue sufferings, agony, even euthanasia after their owners are incapacitated or dead.

David Congalton, co-author of "When Your Pet Outlives You," puts it this way: "How many of us have already gone the extra step to make sure our animal companions are safe if something unexpected happens to us? The Answer is NOT many."

One 2000 study, for example, by pet law expert and pioneer, Prof. Gerry W. Beyer, reports that only between 12 percent and 27 percent of pet owners have provisions in their wills relating to their companion animals. JUST 27 percent - AT THE MOST!

NO WAY TO TREAT YOUR REAL MINOR CHILDREN. Pets, Our "Children"? Our "family members"?

Many studies have been conducted which show that many dogs, cats and other pets found in shelters end up there only because their owners became unexpectedly ill or incapacitated, or were for some reason unable to care for them, or died without leaving any plans for their pets' next home or care.

A survey conducted between 1994 and 1997 by the National Council on Pet Population Study and Policy, for example, found "that 64 percent of all pets that entered the participating shelters for any reasons, were euthanized." And David Congalton & Charlottte Alexander, co-authors of When Your Pet Outlives You, confirm that "More than 15 million dogs and cats are euthanized in animal shelters across the nation annually...[shelters] currently handle less than 1 percent of the nationwide abandoned parrot population."

Can you possibly imagine our treating our HUMAN minor children with such gross neglect or carelessness, even indifference and callousness? We would all almost surely be hauled to jail en mass for the crime of abandonment and neglect of our helpless, innocent, loving minor children, wouldn't we? Can you possibly imagine us leaving our minor or infant HUMAN children completely to fend for themselves when we're not there, and without the normal protections and safeguards as would assure that they'll have some substitute home and a caretaker, if we were not able or around, as are largely accorded them today? Or, possibly imagine us leaving our real minor human children behind with virtually one certain realistic fate for them - euthanasia and death?

Clearly, the main reason why these animals wind up wandering the streets or get euthanized, after their owners are incapacitated or dead, is because they simply can't find homes. Their owners had made no thorough plan or arrangement - an estate plan - that would have put together such an arrangement for a next home, a suitable caretaker, and the funding plan, to assure that objective for the pets. Not a particularly comforting scenario especially for those of us who think of our pets as being like our kids! We have all heard the "horror stories" about pets being left behind in homes and apartments after the September 11th tragedy and the Katrina disaster. Such stories were, of course, more "visible." And are seemingly more horrifying because of that visibility factor. The central problem of the kind of frightening fate that pets face when they're left behind with no good estate plan arrangement, however, is not by any means uncommon or limited. It is general and widespread. And, it is real for most pets - long, long before September 11th and Katrina, and thereafter to this date.

THE MESSAGE? Take advantage of the recent advancements in the pet laws of the nation and simply create a good estate plan, including a valid "pet trust," making specific provisionsfor the care of your pets in the event of your disability or death, and provide for a reliable caretaker and funding arrangement for the pet that will be legally enforceable by the courts. A good estate plan for the pet, to be complete, should also include a host of other special instruments, ranging from a suitable durable power of attorney, animal cards and animal identification and information documents, to Inter Vivos or Testamentary trust, etc. With such a plan in place, you'll pretty much assure that in the event of any serious emergency in your life, your pets will not likely wind up in the pound or shelter somewhere awaiting euthanasia, but will be taken into a safe home and will be properly cared for by a responsible, caring caretaker

WHAT A WAY TO DEMONSTRATE OUR OWN UNCONDITIONAL LOVE FOR OUR PETS! We talk all the time about the unconditional love of our pets for us - unfailingly. Now, what about our own UNCONDITIONAL LOVE for them? Clearly, the ultimate, most genuine expression of 'LOVE' that we can bestow as a pet owner upon a beloved animal companion, is to assure a legally valid estate plan by which that pet animal would be protected and properly cared for in the event of our incapacitation or death.

Dog, cat, pet estate planning your pet's future pet trust and will dog, cat, pet estate planning with will and pet trust [http://www.EstatePlanAndTrustforPets.com/index.html].

http://www.EstatePlanAndTrustForPets.Com [http://www.EstatePlanAndTrustForPets.Com/id60.html]

If Our Pets Were Really Our 'Minor Children' Most of Us 'Parents' Would Be in Jail for Child Neglect

As a pet owner, do you need to have a pet trust or will in your estate plan? Well, maybe so, given the fact that in the American society of today one fundamental sociological reality has now become absolutely indisputable and well-established, namely, that America's house pets (generally defined nowadays to include dogs, cats, fish, reptiles, and other small animals) are increasingly considered a member of the family or a child, and not just "animals" any more.

The evidence? The results of many credible surveys and studies, for example, which show, as in the case of an October 1999 report by the USA Today newspaper, for example, that more than 66% of American pet owners consider their pets as "a member of the family," or as in the case of a more recent survey by the American Animal Hospital Association, which show that a whopping 84% of them thought of their animal companions as being their kids. As well as the evidence from the physical attitude, treatment and relationship of pet owners towards their companion animals. Unfortunately, however, that's not the case! Not at all. In deed, quite the opposite is the case with most pet owners. Yes, it's true that among pet lovers a strong impulse and wish often exists to make such a provision for the care of their pets in the event of the incapacity or death of the pet owner. But, typically, the vast majority of the American pet owners generally fail to follow through, however, to actually translate that professed desire into reality for the pets' future. In point of fact, the most modern and effective way to "plan" for the pet's future protection and care in case of a serious contingency, is through setting up an estate planning instrument called a "pet trust" for the pets. With a valid pet trust (and a few other simple estate planning vehicles related to it), you can make specific provisions for the care of your pets in the event of your disability or death, and provide for a reliable caretaker and funding arrangement for the pet which will be legally enforceable by the courts.

Nevertheless, most pet owners fail to set up such a device for their pets. Most pet owners, in deed even the estate plan professionals and lawyers in the field, are not too well informed about it. Pet owners pathetically fail, in overwhelming numbers, either to make any estate planning at all in their own affairs, or to include their pets in such plans, and frequently wind up leaving their pets with no protections and subject to undue sufferings, agony, even euthanasia after their owners are incapacitated or dead.

David Congalton, co-author of "When Your Pet Outlives You," puts it this way: "How many of us have already gone the extra step to make sure our animal companions are safe if something unexpected happens to us? The Answer is NOT many."

One 2000 study, for example, by pet law expert and pioneer, Prof. Gerry W. Beyer, reports that only between 12 percent and 27 percent of pet owners have provisions in their wills relating to their companion animals. JUST 27 percent - AT THE MOST!

NO WAY TO TREAT YOUR REAL MINOR CHILDREN. Pets, Our "Children"? Our "family members"?

Many studies have been conducted which show that many dogs, cats and other pets found in shelters end up there only because their owners became unexpectedly ill or incapacitated, or were for some reason unable to care for them, or died without leaving any plans for their pets' next home or care.

A survey conducted between 1994 and 1997 by the National Council on Pet Population Study and Policy, for example, found "that 64 percent of all pets that entered the participating shelters for any reasons, were euthanized." And David Congalton & Charlottte Alexander, co-authors of When Your Pet Outlives You, confirm that "More than 15 million dogs and cats are euthanized in animal shelters across the nation annually...[shelters] currently handle less than 1 percent of the nationwide abandoned parrot population."

Can you possibly imagine our treating our HUMAN minor children with such gross neglect or carelessness, even indifference and callousness? We would all almost surely be hauled to jail en mass for the crime of abandonment and neglect of our helpless, innocent, loving minor children, wouldn't we? Can you possibly imagine us leaving our minor or infant HUMAN children completely to fend for themselves when we're not there, and without the normal protections and safeguards as would assure that they'll have some substitute home and a caretaker, if we were not able or around, as are largely accorded them today? Or, possibly imagine us leaving our real minor human children behind with virtually one certain realistic fate for them - euthanasia and death?

Clearly, the main reason why these animals wind up wandering the streets or get euthanized, after their owners are incapacitated or dead, is because they simply can't find homes. Their owners had made no thorough plan or arrangement - an estate plan - that would have put together such an arrangement for a next home, a suitable caretaker, and the funding plan, to assure that objective for the pets. Not a particularly comforting scenario especially for those of us who think of our pets as being like our kids! We have all heard the "horror stories" about pets being left behind in homes and apartments after the September 11th tragedy and the Katrina disaster. Such stories were, of course, more "visible." And are seemingly more horrifying because of that visibility factor. The central problem of the kind of frightening fate that pets face when they're left behind with no good estate plan arrangement, however, is not by any means uncommon or limited. It is general and widespread. And, it is real for most pets - long, long before September 11th and Katrina, and thereafter to this date.

THE MESSAGE? Take advantage of the recent advancements in the pet laws of the nation and simply create a good estate plan, including a valid "pet trust," making specific provisionsfor the care of your pets in the event of your disability or death, and provide for a reliable caretaker and funding arrangement for the pet that will be legally enforceable by the courts. A good estate plan for the pet, to be complete, should also include a host of other special instruments, ranging from a suitable durable power of attorney, animal cards and animal identification and information documents, to Inter Vivos or Testamentary trust, etc. With such a plan in place, you'll pretty much assure that in the event of any serious emergency in your life, your pets will not likely wind up in the pound or shelter somewhere awaiting euthanasia, but will be taken into a safe home and will be properly cared for by a responsible, caring caretaker

WHAT A WAY TO DEMONSTRATE OUR OWN UNCONDITIONAL LOVE FOR OUR PETS! We talk all the time about the unconditional love of our pets for us - unfailingly. Now, what about our own UNCONDITIONAL LOVE for them? Clearly, the ultimate, most genuine expression of 'LOVE' that we can bestow as a pet owner upon a beloved animal companion, is to assure a legally valid estate plan by which that pet animal would be protected and properly cared for in the event of our incapacitation or death.

Dog, cat, pet estate planning your pet's future pet trust and will dog, cat, pet estate planning with will and pet trust [http://www.EstatePlanAndTrustforPets.com/index.html].

http://www.EstatePlanAndTrustForPets.Com [http://www.EstatePlanAndTrustForPets.Com/id60.html]