Estate Planning Bits

Pet trusts coming to Connecticut

When estate planning for pets was first introduced, there were no statutes or other legal standards in place to rely on when crafting a plan to provide ongoing care for pets after the death of the owner. Fortunately, pet trusts have become more widely recognized and desired, and many states are finally recognizing the validity of them. As of October 1, 2009, pet trusts will be valid in Connecticut.

The new Connecticut law allows pet owners to set up enforceable trusts to provide ongoing care for their animals. Such a trust would continue until the last surviving animal passes away. Under the statute, a pet owner must name a “trust protector,” who will act on behalf of the animals and ensure they receive proper care.

When planning for a pet, there are many concerns to be addressed. For example, it is important to determine who will serve as the pet’s caretaker, and if establishing a trust, who will act as the trust protector. It is also important to remember that a pet will pass through the owner’s estate as personal property; therefore, the owner’s Last Will and Testament may need to be updated. In addition, the plan should address the final disposition of the pet, including guidelines for when euthanasia would be appropriate.

If you’re interested in learning how to ensure that your pets are properly cared for upon your death or incapacity, it is important to consult a pet estate planning attorney who understands how to set up these complex trusts.

by: Gina M. Barry, Esq.

Estate planning wake-up call - part 1 - planning your children's care

The recent deaths of Michael Jackson and Farrah Fawcett should give all of us a “wake-up call” that our lives are relatively fragile and it is important to pursue estate planning and updating documents on a timely basis. Although most of you aren’t famous, it is important to remind yourself that you are not immortal.

Although Michael Jackson had executed a will, it had not been updated for some time and may have been out of date. Certainly, many of the beneficiaries and other family members feel they should be in charge and believe that his Will was out of date. This provides an opportunity for them to challenge or question decisions he made as well as those individuals he wished to be included or excluded from his entire estate plan.

Michael Jackson’s will provided for his mother to serve as guardian and Diana Ross to serve as the backup guardian of his children. The guardianship is over the children themselves, not their assets. This does not necessarily mean that the guardian is in charge of the property. That will be discussed next week in part 2.

Legal guardian for a minor continues until the minor turns eighteen in most jurisdictions. Until that time, the child will live under the roof of the guardian, who will attend to the minor’s personal, social, medical, and educational needs. This is what is known as parens patriae, which means that the guardian is standing in the shoes of the parent of the child. This individual will determine who the child socializes with, where he goes to school, what medical attention may be necessary, what time the child goes to sleep at night, who his friends are, etc.

As you can see, the terms of a will are always subject to review by the Court. Besides family, there may be friends and other possibilities to care for your children. The Court will decide who is most suitable to raise your children, and it may also determine under what terms your children will be allowed to spend time with individuals other than the legally appointed guardian.

In many states, the Court will appoint a guardian ad litem, who is a lawyer, social service individual, or agency, to report to the Court about the children’s needs. The guardian ad litem may be instructed to review the lifestyle of the proposed guardian to help determine if this person has the ability, skills, time, and is appropriate to serve as guardian and whether the living arrangements are appropriate. Depending upon the state of residence and age of the children, the Court may also interview them to determine with whom they wish to live. In most situations, the Court will attempt to keep the children together as a family unit, but it is not always appropriate to have them live in the same home with the nominated guardian.

In any event, it’s a good idea to let this serve as your wake-up call to prepare the necessary documents that appoint a guardian for your children, or in some cases, grandchildren. At the very least, the Court will take notice of who is nominated under a document before making a decision, and if it is not contested, then the appointment is routine in most cases. Without a written document though, you are leaving the legal custody of your minor children o the discretion of the Court.


by: Hyman G. Darling, Esq.

Michael Jackson: The battle for control of his estate

Among the several lingering questions regarding the administration of Michael Jackson’s estate is who will be named to oversee it. Jackson’s mother, Katherine Jackson, recently petitioned the court to become the administrator. This is a person appointed by the court to manage the assets and the liabilities of a decedent that died intestate, meaning without a will. However, subsequent to Ms. Jackson’s petition to be appointed administrator of the estate, a will surfaced. The will, executed in 2002, names two of Michael Jackson’s attorneys as co-executors to carry out the provisions in his will.

As anticipated, Ms. Jackson’s request to be appointed as the administrator was denied by the court since the will provided for executors. Normally, the executor named in a will by the deceased will be appointed by the court unless the executor is disqualified for some reason. The fact that someone is not a blood relative or not as close to the decedent is not usually relevant. The courts will usually honor the choice made by the decedent as expressed in their will.

Despite the provisions in Michael Jackson’s will naming specific executors, Ms. Jackson continues to contest their appointment. Ms. Jackson filed a petition accusing the men of being “intent on keeping her in the dark” about deals they have made or are negotiating. Furthermore, Ms. Jackson has raised questions concerning “a suspicious circle of relationships” involving the co-executors. As such, Ms. Jackson is requesting that the judge order the co-executors to answer questions under oath about their business agreements to determine whether they are “fit and able” to administer the estate.

An executor is someone named in a will who is charged with carrying out the directions of the will. Executors supervise the property of the deceased person while debts are settled. An executor has a legal fiduciary responsibility to “act with utmost honesty, impartiality, and scrupulousness on behalf of the deceased and the estate's beneficiaries." Any attempt by the beneficiaries to remove the executor, for any reason, leads to an adverse court proceeding, with each side most often represented by an attorney. Removal is not easy. The beneficiaries must prove serious misbehavior before the court will consider forcing an executor to step down. This can be difficult.

In general, the courts will only remove an executor if the beneficiaries can show that the executor is incapable of performing his or her duties, is unsuitable for the position, or has become disqualified since the deceased appointed him/her. Therefore, the court will most likely allow Michael Jackson’s named executors to serve unless Ms. Jackson can prove that they are unable to perform their fiduciary duties.


By: Todd C. Ratner, Esq