Michele Peters
Michele Peters
Michele Peters
Michele Peters

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ANIMAL LAW

What is animal law?

Primarily it is providing for the care of pet animals after the death of their human owners.
It also involves the rights of animals as our society evolves and recognizes that pets and working animals are more than mere "goods to be discarded after use".

Estates and Trusts Law Involving Animals

More and more Americans are finding their pet animals hold important roles in their lives and families.  Dogs, cats, birds, all forms of pet animals are loved for the physical activity they encourage in their human owners as well as the attention received and the love shown.  Pets form a bond with their human families that enrich lives.

One of the first studies in the area of how pets can add to our life expectancy, appeared in 1980, "Public Health Reports", which demonstrated that the survival rates of heart attack victims who had a pet were 28 percent higher than those of patients who didn't have an animal companion. "The health effects seem to be very real and by no means mystical," says Alan Beck, director of the Center for the Human-Animal Bond at Purdue University. "Contact with companion animals triggers a relaxation response," he says.  See Ten Ways to Live Longer, Forbes Magazine, March 2, 2005.  So not only do pets add years to our lives but they add to the quality of those years. 

It should be no wonder that more pets are being welcomed into homes in a staggering number.  According to the statistics released by the American Pet Products Manufacturers Association that have been tracking the subject since 1988, pet ownership by 2006, consisted of 63% of all U.S. households or what equated to more than 69 million households.  See Diane Bardy and Christopher Palmeri, The Pet Economy, Business Week, Aug. 6, 2007.

Additionally, the amount of money we lavish on our pets is increasing in a way not overlooked by corporate America.  The American Pet Products Manufacturers Association, Inc. reported that pet spending in 2006, more than doubled since 1994, exceeding $40 billion per year.  See Anne R. Carey and Keith Carter, USA Today Snapshot – Spending on Furry Friends, USA Today, Aug. 25, 2006.

In recent years, the press has reported on large trusts established for beloved pets.  Leona Helmsley left $12 million in trust (later reduced by the court to $2 million) for her Maltese dog, Trouble.   Doris Duke, heiress to the American Tobacco Company, left $100,000 in trust for her dog.  The actress Betty White has disclosed that she intends to provide for her animals at an estimated sum of $5 million.  Global media leader, Oprah Winfrey, has also spoken about her intentions to provide for her animals to live their lives in luxury.

Even if there is nothing more than a pet may possibly survive the life of their human, no less the pet may have special needs, it is understandable that people want to insure that their pets will be provided for and not abandoned.

Role of the Attorney

The fundamental goal of a pet owner’s attorney is to carry out the pet owner’s intent to the fullest extent allowed under applicable law.  Accordingly, the attorney should select a method which has the highest likelihood of working successfully to provide for the pet after the owner’s death.  Allow the Law Offices of Michele A. Peters to discuss the various options with you during your estate planning sessions.

 

 

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