The Palm Beach Post

Estate planning can ensure care for pet

- Joseph Karp Joseph Karp, a member of the Florida and New York Bars, is a Nationally and Florida Bar Certified Elder Law Attorney and founder of The Karp Law Firm, located in Palm Beach and St. Lucie counties. The firm assists clients with wills, trusts,

Question: I have an estate planning question that may seem a bit odd to you. Can I include a pet in my will? I inherited a macaw (“Nick”) from my deceased sister several years ago. My wife and I are in our 60s, but these birds are very long-lived. He could be around a lot longer than us. I don’t

know anyone personally who would want to take on the responsibi­lity. What can we do legally to make sure that our feathered friend is taken care of when we’re gone?

Answer: Your question doesn’t seem odd to me at all! I have a soft spot for all animals.

Too many of them meet unpleasant fates when

their owners pass away or can no longer care for them. I understand and appreciate your concern.

Your estate planning can indeed include plans for your pet. The way to do this is with a pet trust, which is permitted under Florida law. An experience­d estate planning/elder law attorney can draft it for you, tailoring it to your and your pet’s needs.

Here’s how it works: You will put money in the trust for Nick’s care. (Macaws as you know are really smart, but not smart enough to handle their own finances.) If you do not know anyone who would be willing to care for him, search the

internet for “exotic bird sanctuarie­s.” Florida has several. Put sufficient funds in the trust to compensate the sanctuary as well as to provide for your pet’s food and veterinary care. You can also specify who should get any monies left in the trust when Nick pases on.

One possibilit­y is naming the sanctuary so they can use any monies left to care foro ther animals.

Hopefully you and Nick will have many more years together.

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