
Cindy Krebs wants to make sure that if anything ever happens to her, her babies, Bubba, Boo, Spike and Jazzy, will be provided for.
With that in mind, Krebs plans to create a trust fund for her cats after Jan. 1, when a new law effect in Ohio.
Outgoing governor Bob Taft signed House Bill 416 in June, making Ohio the 31st state to allow individuals to name a pet as the beneficiary of a trust fund in the event of their sickness or death.
"It's comforting to know I can prepare for my pets in case the unexpected happens to me," said Krebs, a planner for the city of Columbus. "It gives me peace of mind to know that my animals, who I consider my children, will be taken care of."
Unlike a will, which often takes weeks or months to be probated, a trust fund takes effect as soon as the owner becomes unable to care for the animals.
"Having the idea of a pet trust codified in statute gives the individual even more protection," said Michael Markarian, executive vice-president of the Humane Society of the United States. "Otherwise, family members have the opportunity to dispute its validity."
With an estimated 50 pets being euthanized each hour because of an owner's death, organizations like the Humane Society have fought for legislation to make pet trusts enforceable.
"It also means that lawmakers are acknowledging the bond that people share with animals and that if people want to provide for their animals after they pass on, they should be able to," Markarian said. "It recognizes that pets are a part of our families, and not the same as property that could be left behind or sold at an estate sale."
The terms of a pet trust fund are up to the owner to determine and put in writing. But as with a trust fund for a child, a trustee and a caregiver must be selected to disburse and receive, respectively, the funds designated for the pets.
"It's important that they are not the same person so that you have a system of checks and balances in place," says Connie Page, a pet lover and the vice-president of Key Bank in Columbus. "You don't want the fund to be self-serving."
As both the owner of a bichon frise and a financial planner who has worked with the Humane Society to inform the public of the new law, Page is looking forward to the new law.
"A lot of people don't want to think about it, but we're always telling people to prepare," Page said. "If they don't, their pets could be left on their own."
Animal lover Amy Shever first began thinking about the fate of her two "boys," Barney and Spencer, while she was on vacation after Sept. 11. When she went to research her options, she found little information.
"Just finding out how many animals end up in shelters and dying because their owners pass away was tragic," said Shever, whose Web site, PetGuardian, helps pet owners navigate the murky legal waters of pet trusts funds. "A pet trust actually forces people to sit down and have a detailed plan in place for if the unexpected occurs."
Shever said that, while laws help legitimize pet trusts, less than 20 percent of Americans create trusts for their human loved ones. Many likely don't know the practice exists, while others face the challenge of finding caregivers to look after the animals and lawyers who understand the nuances of the law.
From there, the pet owner must do a thorough cost analysis detailing how the funds should be used. Also important, says Shever, is the need to constantly update the terms of the trust, including the caregiver.
"As more legislation is passed and more lawyers become accustomed to what a pet trust is, hopefully in the next five to 10 years, they will become more common," said Shever. "But it's always going to be up to the individual to put something in writing."
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