Providing for your Pet after Death in Nebraska

What will happen to your dog or cat after you die? Who will take care of them? If you find someone to look after Pooky, can that person afford her upkeep? What if, after discovering the expense involved, that person decides to abandon Rover instead of honoring your wishes? How can you ensure that your 'baby' will be properly provided for, without worrying about the costs to the caregiver?

LexisONE has a great article on setting up a trust fund to care for pets after death. The article discusses, in general terms, issues such as establishment of such a trust, terms of care, and preventing fraud by the caregiver. Here is the link:

http://www.lexisone.com/news/nlibrary/n060005c.html

Nebraska now provides for the creation of trusts for the care of animals. Nebraska Revised Statutes section 30-3834 states that a trust may be created for the care of any animal alive during the lifetime of the person creating the trust. The trust ends upon the death of the animal. If the trust is created for more than one animal, the trust ends upon the death of the last surviving animal.

The article mentions that if the amount used to fund the trust is unreasonable, other persons interested in the property of the deceased may object. The Nebraska law deals with this issue by requiring that to the extent the value of the property in the trust exceeds the amount required for the intended use, the excess must be taken out and distributed to the deceased person's 'successors in interest,' i.e. anyone entitled to inherit a share of that person's property.

The article also mentions that a caregiver could try to replace an animal who has died in order to keep collecting money from the trust, and that a DNA test could help prevent that fraud. I personally think a simpler and cheaper way would be to have your pet implanted with one of those microchips used to locate lost pets. Then, if the trustee suspects that the caregiver has replaced the pet, she need only check to see if there is a chip, and if there is, whether it is the same chip. If you have a different suggestion on preventing fraud, feel free to post it as a comment.