Nevada Will Trust for Animals

Including your pet animal in your last will and testament can be a difficult task, especially when you live alone and have no family who are financially capable or willing to accept your pet after you die. So, what can you do?
In Nevada, you are able to create a trust in your Will for the benefit of your pet or even a number of pets. This means you can provide for your pet’s financial needs without concern of embezzlement or foul play. You still need to find someone to look after your pet’s day to day needs (someone to adopt your animal). Include this person in your Nevada Will as a beneficiary, inheriting your pet. Then, you may create a trust in the Will, leaving property and/or money for the benefit of the designated animals. Name a trustee who is independent of the pet’s intended adoptee. This way, you can keep the funds and the animal separate. To find out more about Nevada Will trusts for pets, see the legislation below: NRS 163.0075 Validity of trust providing for care of one or more animals. 1. A trust created for the care of one or more animals that are alive at the time of the settlor’s death is valid. Such a trust terminates upon the death of all animals covered by the terms of the trust. A settlor’s expression of intent must be liberally construed in favor of the creation of such a trust. 2. Except as otherwise provided in this subsection, property of a trust described in subsection 1 may not be used in a manner inconsistent with its intended use. Except as otherwise directed by the terms of the trust, if a court determines that the value of a trust described in subsection 1 exceeds the amount required to care for the animal beneficiary, the excess amount must be distributed to the person who would have taken the trust property if the trust had terminated on the date of the distribution. 3. The intended use of a trust described in subsection 1 may be enforced by the trustee or, if a trustee was not designated, by a person appointed by the court to act as the trustee. A person having a demonstrated interest in the welfare of the animal beneficiary may petition the court for an order to appoint himself or herself as trustee or to remove the trustee. The court shall give preference for appointment to a person who demonstrates such an interest.

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