Planning Ahead with a Pet Trust
Janet is fighting a serious illness, but no medicine gives her more comfort and happiness than her horse, "Whistler." She visits the boarding stable several times a week just to brush his coat and feed him carrots. What if Janet's health takes a turn for the worst - who will take care of "Whistler"? What if the horse needs costly colic surgery while she's too ill to give directions or if she is longer here? Is there anything Janet can do now to ensure that "Whistler" remains with her family and receives proper care and attention in the years ahead?
Yes, under Michigan law it is possible for Janet to create a trust, known as a Pet Trust, for the care of her horse. If you have a horse like Janet, would you like to provide instructions for its care if you are no longer able to do so due to your death or disability? If so, by creating a Pet Trust you can, for example:
- Name a caregiver of your choice to assume responsibility for the care of your horse.
- Provide a monetary sum to be used for your horse’s care in the event of your death or disability.
- Instruct your caregiver regarding the care to be given to your horse including where you would like to have your horse boarded. This will also provide the owner of the barn with a measure of security knowing that they will continue to be paid for their services in the event of your death or disability.
- Instruct your caregiver as to a specific veterinarian or veterinary hospital or clinic who you would like to care for your horse when it is sick, injured, requires check-ups or other medical care.
- Instruct your caregiver as to what is to happen to your horse’s remains after it has passed away.
- Direct where any remaining funds in the Pet Trust are to be distributed after your horse passes away.
In summary, rather than leave it up to someone else to decide what is to happen to your horse, you can provide funds and detailed instructions as to its care in the event of your death or disability.
Contact Attorney J. David at JDavid@fosterswift.com, or (616) 726-2243, for more information.
Our Equine law blog (and its author) in the news!
Julie Fershtman, author of our popular and prolific Equine Law Blog, was interviewed by the State Bar of Michigan. The interview, which called Fershtman "Lawyer-Blogger," discussed our Equine Law Blog. We truly believe that this blog is the nation's most active blog serving the equine industry on equine law topics, and we thank you for visiting it. Read more here.
Julie Fershtman’s Recent and Upcoming Equine Law Speaking Engagements Include:
National Conference on Equine Law in Louisville, Kentucky on April 29, 2020. Topic will be on Waivers/Releases of Liability Involving Minor Participants.
U.S. Hunter Jumper Association (USHJA) Annual Convention in Denver, Colorado on December 10, 2019. Topic will be on Equine Liability.
IRMI Emmett J. Vaughan Agribusiness Conference (“AgriCon”) in Sacramento, CA (April 2019), and Richmond, VA (June 2019) and in Des Moines, IA (September 2019), on topics of “Equine Activity Liability Acts” and “Equine Mortality Insurance Disputes.”
National Conference on Equine Law in May 2019 in Lexington, KY, on the topic of “Equine Activity Liability Act Updates” and liabilities involving hosting of equine clinics.
Agricultural Claims Conference in Kansas City, MO, in March 2019 on topics of “Loose Livestock Liabilities.”
2018 American Bar Association Annual Meeting in Chicago, IL, on “Equine Mortality Coverage and Disputes.”
November 2018, American Horse Council webinar on “Equine Liability.”
Honors & Recognitions
Equine lawyer, Julie Fershtman, has received these prestigious equine industry awards from respected equine organizations:
"Excellence in the Advancement of Animal Law Award" - American Bar Association Tort Trial & Insurance Law Section Animal Law Committee
"Distinguished Service Award" - American Youth Horse Council
"Industry Service Award" - Michigan Equine Partnership
"Catalyst Award"- Michigan Horse Council
"Outstanding Achievement Award" - American Riding Instructors Association
"Partner in Safety Award" - American Riding Instructors Association
"Associate Service Award" - United Professional Horseman's Association
"National Partnership in Safety" Award" - Certified Horsemanship Association
What our Equine Law Services can Provide
Handling breach of contract, fraud/ misrepresentation, commercial code, and other claims involving equine-related transactions including purchases/sales, leases, mare leases/foal transfers, and partnerships.
Litigating disputes in court or through alternative dispute resolution (arbitration, mediation, facilitation).
Defending equine/farm/equestrian industry professionals, businesses, and associations in personal injury claims and lawsuits.
Drafting and negotiating contracts for boarding, training, sales, waivers/releases, leases, and numerous other equine-related transactions.
Representing and advising insurers on coverage and policy language as well as litigation;
Advising equine industry clubs and associations regarding management, rules, bylaws, disputes, and regulations.
Representing some of the equine industry's top trainers, competitors, stables, and associations.
Counseling industry professionals, stable managers, and individual horse owners.
THE NATION'S MOST SOUGHT-AFTER EQUINE LAW SPEAKER
Did you know Julie Fershtman has spoken at the American Horse Council Annual Meeting, Equine Affaire, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) Annual Meeting, American Morgan Horse Association Annual Meeting, American Paint Horse Association Annual Meeting, US Pony Clubs, Inc.'s Annual Meeting, All-American Quarter Horse Congress, American Youth Horse Council Annual Meeting, American Riding Instructors Association Annual Meeting, CHA Annual Meeting, and numerous others? Consider signing her up for your convention. Contact Julie.
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