How Do I Create a Trust for My Pet in Wisconsin?
Full Question:
Answer:
You have the right under law to not leave anything to a child, unless you have agreed in some manner (like a written contract) to leave them something. It is best to specifically say in the will that the omission is intentional and to specifically identify the child by name stating that you wish to leave him/her nothing or a nominal sum like a dollar to prevent a future claim that the omission was a mistake.
It is possible for an heir to claim the will was invalid due to lack of mental competency of the deceased spouse, undue influence, or that the agreement was not executed in accordance with state law. A non-contestability clause is a will provision, under which anyone who challenges the will will be disinherited. In some cases, a signing of a will is videotaped and questions are asked of the testator to prove competency at the time of signing.
Please see the following AL statute:
§ 19-3B-408. Trust for care of animal.
(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.
(Act 2006-216, p. 314, § 1.)
For further discussion, please see:
http://animallaw.info/articles/qvuspettrusts.htm