A Georgia Will for Your Pet

A Georgia Last Will and Testament can be drafted to include your pet in the form of a trust. A pet trust clause allows you to leave money or property to be used for the benefit and welfare of your animal(s).
You need to appoint a trustee to manage the trust property. This person may or may not be the person who is to inherit your pet. You need to consider who you wish to look after your pet and whether you want that same person to manage the trust funds as well.
Since your pet can’t legally defend itself, your Georgia Will can also appoint another person who will have the right to enforce the terms of the trust on behalf of your pet. This is useful in case the trustee starts using the assets for his/her own personal use.
The trust terminates (ends) once the last surviving animal dies. You should nominate in your Will who is to receive any unused property.
The statutory provision authorizing you to make a Georgia Will for your Pet:
§ 53-12-28. Trusts for animals
(a) A trust may be created to provide for the care of an animal that is alive during the settlor’s lifetime. The trust shall terminate upon the death of such animal or, if the trust was created to provide for the care of more than one animal alive during the settlor’s lifetime, upon the death of the last surviving animal. (b) A trust authorized by this Code section may be enforced by a person appointed in the trust instrument or, if no person is so 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. (c) Upon termination of a trust authorized by this Code section, the trustee shall transfer any unexpended trust property in the following order: (1) As directed in the trust instrument; (2) If the trust was created in a nonresiduary clause in the settlor’s will or in a codicil to the settlor’s will, under the residuary clause in the settlor’s will; and (3) If no taker is produced by the application of paragraph (1) or (2) of this subsection, to the settlor, if living, and if not, to the settlor’s heirs, as determined under Code Section 53-2-1.

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