Providing for a Pet in Your Nebraska Will

The Nebraska code allows you to create a trust in favor one or more pets. This means you can provide financially for your animals in your Nebraska Will.
Don’t forget to also nominate a beneficiary to inherit your pet (this person will have the responsibility for housing, feeding and caring for your pets). Since the beneficiary is under no obligation to accept your present, you should talk the matter over with them first. Ensure they are willing to care for your pet for the rest of its life. You can also leave that person a gift for looking after your pet. However, that person is not obliged to apply the funds for the benefit of your pet (unless you set up a pet trust). As for the trust, you should nominate a trustee in your Nebraska Will. The trustee manages the trust property and funds. It should therefore be someone independent of the carer (to avoid embezzlement and personal use of your pet’s assets). Remember to stipulate in your Will as to who receives and left over money once your pet dies. To find out more about pet trusts in Nebraska, read the statutory provision below: 30-3834. (UTC 408) Trust for care of animal. (UTC 408) (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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