A pet plan for after you’re gone
Published 4:00 am Monday, February 2, 2009
SAN ANTONIO — Jeanne Janes would do anything for her kids.
She rises every day at 5 a.m. in her home on a wide stretch of land outside of the city for half-hour feedings. Only six youngsters were planned, but she frets over all 17 of them. She knows all their quirks as only a mother could.
And it doesn’t matter that they’re, as she calls them, her “four-legged children.” They’re the only family she has.
The 57-year-old public relations associate’s brood is made up of six horses, five dogs and six cats. Her horses are pure-bred Arabians. Her dogs and cats are all strays rescued from shelters, traffic lanes and sides of the road. All of the small animals were spayed and neutered shortly after Janes adopted them.
The youngest is Cinco de Junio, her 3½-year-old cat. Her two mares, Stormy and Bandit, both 18, are tied for the oldest.
Not long ago, she wondered who’d care for her menagerie should something happen to her and she was no longer able to handle the job.
Most of Janes’ friends have children, and she doesn’t have any immediate family members alive. She’s the last of the family tree, the only child of an only child.
Janes sought the services of Carol Bertsch, an elder law attorney. Bertsch suggested what she calls a “critter trust fund” that would ensure that her animals were cared for according to her wishes.
“It is very important for older folks,” Bertsch said. “The pet has so much more importance because there’s not that many people around that love them. I think one of the most important things I provide to clients is not pieces of paper but peace of mind.”
Janes is one of the growing numbers of pet owners who is creating trust funds for their animals.
A 2007 Newsweek article said a quarter of pet owners have drafted a will or trust for their animals.
According to Lawyers Weekly USA, the average amount pet owners leave to pets is $25,000. Texas is one of 39 states, and the District of Columbia, that recognizes pet trusts as legitimate documents.
The option of leaving benefits for pets is something Bertsch is sure she’ll see more of. But she said people with pets are like folks with small children who tend to procrastinate until something motivates them.
The first reported pet trust case in the United States took place in Kentucky in 1923, according to estate law professor Gerry Beyer at Texas Tech University in an online article titled “Pet Animals: What Happens When Their Humans Die?”
The courts upheld the owner’s right to provide for her dog, but the case didn’t spur similar sentiments at the time, Beyer says, with the trend not starting until the late 20th century.
Beyer says in time it will become standard for attorneys to ask clients “Do you have any pets, and do you want to make arrangements?”
“The family situations are so different,” Beyer says. “There are many more people who do not have kids, there are people in different types of relationships, and many people are living past the age where their kids are old enough to take care of themselves now. The change in family dynamics makes it easier for people to have money available to take care of their pets than in the past.”
There are two types of pet trusts available for animal owners. A traditional pet trust enlists a trustee who makes sure the person caring for a pet follows the instructions left by the owner. A statutory pet trust is the second type. It states that a certain amount of money is to be held to provide care for the pet.