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Maryland Estate Planning Attorney: Animal-Pet Trusts Allowed Under Maryland Law

www.reichertlegal.comWhen creating an estate plan, some clients wish to create trusts for their pets. Maryland law allows for the creation of animal trusts. Here are some highlights from Maryland Animal Trust law:

• A trust may be created to provide for the care of an animal alive during the lifetime of the creator of the trust.

• An animal trust terminates if created to provide for the care of one animal alive during the lifetime of the settlor, on the death of the animal; or if created to provide for the care of more than one animal alive during the lifetime of the settlor, on the death of the last surviving animal.

• An animal trust may be enforced by a person appointed under 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 an animal the care for which a trust is established may request the court to appoint a person to enforce the trust or to remove a person appointed.

• Except to the extent that the court may determine that the value of an animal trust exceeds the amount required for the use intended by the trust, the property of the trust may be applied only to the intended use of the trust.

• Except as otherwise provided under the terms of the animal trust, property not required for the intended use of the trust shall be distributed to the settlor, if living; or if the settlor is deceased, to the successors in interest of the settlor.

To discuss what estate planning options would work best for you, your family and your pets, including animal/pet trusts, and to discuss all the legal options available to you in making your plan, contact Maryland estate planning attorney Stephen J. Reichert at 410-299-4959, sreichert@reichertlegal.com or by clicking here.

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