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New state law gives teeth to pet inheritances
Caring for loved ones By ELIZABETH SIMPSON, The Virginian-Pilot September 13, 2006 -- Fay Francisco hadn't given much thought to what would happen to Poppy - with whom she's shared a home for 17 years - if she should fall ill or die.

Poppy hadn't weighed in on the issue, being of the feline persuasion.

But when Francisco, who is in her 70s, met earlier this year with Sandra Smith to discuss her estate, the attorney asked whether Francisco needed to make provisions for her pets.

That's how the Portsmouth woman came to draw up a "pet trust" that would ensure the care of Poppy - whom she's had since he was a kitten - and the five other cats she recently adopted in the event of her illness or death.

Smith said it's a question that Virginia estate lawyers will probably be asking with more regularity given a state law that went into effect in July that provides new safeguards to animal bequests.

Virginia is one of 38 states that now have "pet trust" statutes. Most of those laws have passed since 2000, when the National Conference of Commissions on Uniform State Laws codified pet trusts.

People have long left money and even homes to pets in their wills, but because pets were considered property, their status as beneficiaries rarely stood up to a challenge in court.

"Anyone who contested a provision would win," said Steve Ann Chambers, president of the Animal Legal Defense Fund, a national animal protection organization based in Omaha, Neb. "The human would get the money, and the animal would go to the shelter."

A pet trust, though, allows a benefactor to name both a caretaker for a pet and a trustee who ensures the money is being spent appropriately.

In a country where an increasing amount of money is spent on pets - for medical care, insurance, even clothes - it only stands to reason dogs and cats are getting a better paw-hold in court.

In Maine, for instance, a law was passed this year to allow animals to be protected through restraining orders in domestic violence cases.

"I think it says people are beginning to understand the place animals have in their lives, and legislators are recognizing they are more than personal property," said Sharon Adams, executive director of the Virginia Beach Society for the Prevention of Cruelty to Animals. "They aren't stereos or cars - they're members of the family."

Still, Adams said people who make provisions for their pets in the event of death or illness remain in the minority. She estimates that at least 10 percent of the 5,000 animals dropped off at the organization's shelter each year arrive in the wake of an owner's demise.

Sometimes, a lawyer's office will call the shelter with the address of a deceased client so the pets can be picked up. Often, the animals lived with the owners all of their lives and have a tough time adjusting. They usually are older and sometimes have health problems that make them harder to adopt.

Even if people don't establish trusts, Adams said, she hopes knowledge of the law will cause people to think about providing for their pets by making informal arrangements with family members.

At Oast & Hook, which specializes in serving older people, questionnaires are being rewritten to include questions about pets, said Smith, one of the lawyers with the firm.

In the past, clients often addressed pets' needs in their wills, but " it was more of a wish than anything else," Smith said. "There was no enforceability to it."

A key feature of the new Virginia law lets one person be appointed to care for the pet and another put in charge of assuring the pet's money is used appropriately. If no one is appointed as enforcer, the court can do so. Also, anyone interested in the welfare of the pets can ask the court to appoint someone to enforce the trust. When the pet dies, the money transfers to whomever the owner specifies.

Another local estate lawyer, Montgomery Knight Jr., with the Williams Mullen firm, said the law should help keep cases out of court. He represented a client in Richmond several years ago who left $2.5 million to his horse. The owner didn't have children, but he did have distant relatives.

"He loved them, too, but not as much as the horse," Knight said.

Knight said the family members took the case to court, and a judge modified the horse's inheritance to $150,000.

Knight said even with the new law, a judge can modify a trust, so it's best to set a reasonable amount. He said 10 to 15 percent of his clients have made some provision for their pets in wills. One left $35,000 for the care of a goose.

Deborah Dalla Villa said she and her husband, Emil, provided in their will years ago for their two Siamese cats, Bambu and Venus. Dalla Villa, who volunteers in a Siamese cat rescue group, said the breed is particularly sensitive to change and she wanted to make sure the cats didn't suffer too much.

"They're dear to me - there's no doubt about it," said Dalla Villa, who lives in Virginia Beach. She said Siamese cats "don't do well in shelters."

She said two relatives have agreed to care for the cats should she and her husband die first.

Adams said it's best for pets to stay with people they know and in familiar surroundings, so friends or family members are ideal successors.

"I know it may sound silly to some people, but I think it's the last thing you can do for the deceased - to take care of their pet," she said.

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