Maine Will Trust for Animals

A pet trust is a great way to provide for your animal after your death. You still need someone to house and care for your pet, but you also have an opportunity to leave money or property for that purpose.
You can create such a pet trust in your Maine Last Will and Testament. It’s the only way to ensure the funds are actually used for the benefit of the designated animals. You just need to insert a clause into your Will to establish the trust. Here you will name the pet or pets to be covered, designate a trustee, someone independent of the trustee to enforce the terms (this can be the care giver), beneficiaries of any excess or remaining funds and the amount/property. The wording should guide you when completing the trust clause. Also, remember to designate a person to look after your pet in your Maine Will (this should not be the trustee). For more information on Maine pet trusts, see the statutory provision below: §408. Trust for care of animal 1. To provide care for animal; termination. 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. 2. Enforcement. 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. 3. Intended use of property. 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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