Alabama Will for Pets

How can I provide for my pet in my Alabama Will? There are two ways you can include your beloved animal in a last will and testament.
The first is to nominate a beneficiary to inherit your animal. The person you name in your Alabama Will and Testament is not required to accept the gift of your pets. It is simply a way to express your wishes as to whom you would like to look after your pet in the event of your death. It’s best to talk this over with the intended beneficiary first to make sure they are willing to participate. Remember to name a successor beneficiary just in case. The second step is to create a trust in your Will. The intended carer may be willing to provide for your pet financially, however, it’s always best to ensure there are sufficient funds available for your animal’s welfare and medical expenses. What if your pet requires live saving surgery? The person who looks after your pet isn’t necessarily the best option to act as trustee – due to the conflict of interest. Name an independent as trustee to look after the pet’s trust money. You should also name someone to overlook the trustee’s actions (this can be the carer). The Alabama Will also needs to state who receives any remaining trust funds (since the trust terminates once the last covered pet dies). If you want to know more about making an Alabama Will for pets, the pet trust statute is found in Title 19 fiduciaries and trusts, section 19-3B-408: Trust for care of animal. (a) A trust may be created to provide for the care of an animal alive during the settlor’s lifetime. The trust terminates upon the death of the 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 section may be enforced by a person appointed in the terms of the trust 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) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor’s successors in interest.

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