Pet Trusts in Florida

Pet trusts are becoming more common, and wealthy individuals are no longer the sole settlors of these trusts. Florida, one of the forty-three states with pet-trust laws, enacted its laws in 2002 and strengthened them in 2007. Before 2007, Florida residents had no way to enforce the pet-trust terms, and the trustees would not always disburse money for the pet’s benefit.

Florida Statute 736.0408 has two key provisions that deal with pet-trusts and their enforcement:

(1) A trust may be created to provide for the care of an animal alive during the settlor’s lifetime. The trust terminates on the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor’s lifetime, on the death of the last surviving animal.

(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.

Elinor J. Brecher, Pet Provisions, Miami Herald, Nov. 19, 2010.

Special thanks to Jim Hillhouse (WealthCounsel) for bringing this to my attention.

For more information about pet trusts, see Gerry W. Beyer & Barry Seltzer, Fat Cats & Lucky Dogs—How to Leave (Some of) Your Estate to Your Pets (2010).