Under Florida law an individual can establish a trust to take care of one or more pets. While in the past this was only something that wealthy people did to care for their pets, today more and more people use the existing laws in our state to care for their animals by creating a trust for pets. Section 736.0408 of Florida Statutes authorizes the establishment of trusts for pets, and a copy of it is reprinted below. If you are interested in creating a trust for the people or pets in your life please contact MHJ Law, PLLC at 407-792-6172.
Section 736.0408 Trust for care of an animal.—
(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.
(3) Property of a trust authorized by this section may be applied only to the intended use of the property, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise as part of the settlor’s estate.
This information is posted for educational purposes only and does not create an attorney-client relationship. Florida law on trusts can change and can be dependent on particular facts, prior to taking any action contact a local attorney that is familiar with trust law in Florida.
For more information see this article
Can You Trust Your Pets?