I LOVE MY PETS, CAN I PROVIDE FOR THEM IN MY WILL OR TRUST?
Generally, yes.   Alabama State law provides for the creation of a Trust for the care of an animal or animals alive at the time the Trust is created by the settlor, that is, the person creating the Trust, namely, you.  The Trust continues in place for the care of your pet or pets until the pet or last surviving pet of a group dies.  A person you trust can be appointed to manage the Trust in the best interests of your pets, or a person can be appointed by the court.  Property, usually in the form of cash funds or other “liquid” property, placed in the Trust, can only be used for its intended purpose, that is, taking care of your pet or pets during their lifetime, unless a court determines that the amount available exceeds the amount required for taking care of your pets. A Trust must be set up during your lifetime either to be in effect immediately or to come into effect at your death in what is known as a “Testamentary Trust”.   A “Testamentary Trust”, as in “Last Will and Testament, or Will”, must necessarily be set up in your Will, so it is important to take action regarding the care of the pets you love before you are no longer able to make such decisions due to illness, accident or insufficient mental capacity.   Consider leaving what is left in the Trust after your last pet has received the full benefit of the funds and has passed, to a favorite charity that will benefit other animals in need.  As the rescuers of eight cats and one dog ourselves, we both can relate to your love and affection and concern for your pets and your need to make sure they are taken care of if something should happen to you during their lives.