A trust for a pet
is possible

Ask the lawyer
By Stewart J. Berger

Dear Ask the Lawyer:
I have a question about leaving my estate to my 10-year-old Springer spaniel, Daisy.
I live in Oxford Circle and have about $700,000 plus my house. I want to leave whatever is left over to my two nephews. I envision somebody living in my house (not my nephews) until Daisy dies.
I know Leona Helmsley and Dusty Springfield provided for their pets in their wills. Can this be done in Pennsylvania, or will I be committed to an insane asylum?
Mary from the Circle

Dear Mary:
There is no question that you can establish a pet trust in your will. The trust would permit your trustees to pay for somebody to live in your house and take care of Daisy. When Daisy dies, the house and the rest of your estate could pass to your nephews.
The life expectancy of a Springer spaniel is only 13 to 15 years, more or less. Therefore, even if you passed away today, the trust would be a short-term situation.
Your nephews cannot serve as trustees. Their interest could potentially be directly contrary to Daisy. They would get their inheritance much quicker if Daisy met an untimely death.
Planning a pet trust requires extraordinary care. You are essentially allowing your trustees to let somebody live in your house and pay them so long as they take care of Daisy. You might want to consider naming two people as trustees, one of whom would be active in an animal rights organization and the other person known personally to you.
The cost of preparing a pet trust could be a little bit on the expensive side, as many contingencies will have to be provided for in that trust. However, if this is what you want to do, go for it. You are doing the right thing.
I guarantee that you will not be committed to an insane asylum. ••
Stewart J. Berger is an attorney with offices at 7207 Rising Sun Ave. Questions and comments may be addressed to Ask The Lawyer, c/o The Northeast Times, 2512 Metropolitan Drive, Trevose, PA 19053