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4 Estate Planning Suggestions for Pet Owners

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Eric Davis
4 Estate Planning Suggestions for Pet Owners

Have you ever thought that what would happen to your pets if you died? Who would look after them, and how would their costs be covered? A pet trust might provide the answer.

Incorporate your pet into your estate plan in the following four ways:

1) Highlight a Gift While Making Will

One option is to send your pet to a trustworthy person along with money so that they may care for it.

This could be a simple repair, as long as your beneficiary does not die before your pet or goes bankrupt or insolvent, causing the money to end up in the hands of creditors. This is a better option.

2) Pet Entrustments

What about establishing a trust in your Will for your pet? A trust is an arrangement in which a third party holds monies for your pet's benefit. If you choose this option, there are a few things you need think about first. For example, because your pet is unable to enforce the rules of the trust, there is no guarantee that the person you appoint as trustee will honor the arrangement to oversee your pet. As a result, you may choose to structure the trust in such a way that it calls for the appointment of a "protector," whose function is to supervise the trustee.

Furthermore, while the common law allows for the establishment of a trust for the care of a single pet, some Canadian common law jurisdictions limit the duration of some non-charitable purpose trusts (which could include pet trusts) to 21 years. A pet trust may not be appropriate for cats, turtles, and other pets with a life expectancy of more than 21 years.

Private trusts can be utilized to benefit a specific pet in Quebec, and they can be perpetual. The tax consequences should not be overlooked. Trustees must ensure that any tax filings required by Canadian income tax rules are completed each year.

3) What If You Get Sick?

While it is critical to ensure that your pet is appropriately cared for after your death, it is also critical to discuss preparations for your pet if you become incapacitated. In such a circumstance, your Will is ineffective. Include instructions in an enduring or continuous power of attorney for property (known as a Protection Mandate in Quebec), which survives your incapacity and allows your nominated attorney to manage your assets and property, including pet care.

4) Immediate Care for Your Pet

What if you die unexpectedly or are unable to care for your pet? Who will immediately care for your pet? The suggestion is to maintain a card in your wallet or emergency information on your phone that lists where your pet is and contact information for someone who can provide immediate assistance.

It's always a good idea to consult with legal counsel and understand about local legislation when it comes to planning for pet care as part of your estate plan. Involving professionals will help to ensure that your cherished pet is cared for if you become handicapped or die. So, to discover more, contact our Top Rated Taxes Pet Lawyers.

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