For many people, pets are considered to be part of the family. So, it’s not surprising that family pets are often considered in estate planning. Allocating pet trust funds, especially for expensive animals like horses, ensures they are properly cared for after the owner’s passing.
Headlines reading “World’s Richest Cat” are certainly compelling. However, in most states, including the state of Georgia, pets are considered property and therefore cannot own money or assets. Despite this, owners can establish guardianships, often funded by trusts, to support the care of their pet companions if the owner becomes unable to do so.
What is a Pet Trust Fund?
Laws that specify ways to leave funds for your pet have been established in Georgia since 2010. These laws provide a way for pet owners to make arrangements for their animals. When an owner becomes unable to carry out their responsibilities to their pet, the person named in the trust created for the pet can use the trust assets to care for the pet until its death. The trust can be enforced by the person named in the trust, or, if no one is named in the trust or the named person is unwilling to act, the court can appoint someone else to administer the trust.
While trust disputes concerning pets are rare, the human beneficiaries of the owner’s will or trust may wish to negotiate new terms for pets. If you want to litigate the terms of the pet’s trust, there are specific grounds to look out for and options for acting.
Grounds for Trust Disputes Regarding Pet Trust Funds
Breach of Duties
A pet owner can make many stipulations for the care of their pets, including the pet’s diet, living arrangements, choice of vet, and appropriate treatment for illnesses. If the person named in the trust is not following the owner’s wishes, litigation can be initiated by other interested parties.
If the named trustee does not comply with the owner’s instructions, or otherwise cannot meet the stipulations of the trust, a legal dispute may follow. In the event a pet needs to be rehoused, there are many options, including a new guardian or no-kill shelters.
Accounting Failure or Abuse
If a trust is established to care for a pet, the funds allocated for the pet must be used for its care. Trustees should keep thorough accounting records regarding the pet’s trust fund. If the trustee is found to be misusing funds, or fails to properly manage or document the funds, other interested parties may seek court intervention.
Unreasonable Allotment of Funds
Pet owners should consider carefully how much to allocate to the care and keeping of their pets. Allocating an exorbitant amount may cause heirs to initiate a legal contest.
We Can Help Litigate Legal Guardianship of Pets in Georgia
Disputing guardianship for animals can be a delicate task, but it’s one that we know how to navigate. When you contact our law office at 404.892.9797, you’ll be in touch with the premier will and trust litigators for the state of Georgia.
Fill out our contact form for a free consultation today.
Gaslowitz Frankel LLC is the Southeast’s premier fiduciary litigation law firm. Our legal team specializes in all aspects of fiduciary disputes with over 30 years of experience representing individuals, executors, trustees, and more in complex fiduciary disputes involving wills, estates, and trusts.
