Q:       How can I make sure my pet will be cared for if I become disabled or die? 
A:        Ohio adopted a version of the Uniform Trust Code in 2007 that lets you create a trust specifically for the care of your pet. Before that time, provisions in your will were “honorary”; that is, the person you named to care for the pet was not bound to carry out your wishes.

Q:       Can I cover all types of pets using a pet trust?
A:        Yes. The law covers any and all animals that are alive while you are disabled and at the time of your death. 

Q:       How is the trust funded?
A:        You can fund the trust with any assets immediately, perhaps with a life insurance policy or via the terms of your will or trust.

Q:        Can I arrange for pet care through my will?
A:        Pet care instructions included in a will cannot be enforced. Wills disburse property, and current law considers pets to be property. You can only ask that the person who gets your pet will take care of it and hope for the best. Also, your will takes effect only after you die and the will has been probated. This does not help your pet if you become disabled. Therefore, the best option is to have a trust created before your death, and let the trustee, caregiver and advocate know about it.  

Q:       How should I prepare a pet trust?
A:        To create an effective pet trust, take the following steps:

·       Select potential trustees, in order of your preference, to administer the trust.

·       Select potential caregivers, in order of your preference

·       Consider who will oversee the trust to make sure the terms are followed. Trustees have a fiduciary duty (financial obligation) to follow the terms of the trust. A series of named advocates can bring the trustee to court, if necessary.  

o   NOTE: An experienced trust attorney can help you understand the ramifications of trustee, caregiver and advocate, and based on those you have in mind, can help you set the trust up to provide the most protection for your pet.

·       Because there have been cases where the trustee "replaced" a dead pet with similar looking pets (and continued receiving trust funds),  you should provide your advocate with pictures of your pet and have the pet microchipped, if possible. To avoid amending your trust as you acquire pets in the future, add this language to the description of your existing pets: "…and any other pets I may have when I become disabled or die." Use the terms of the trust to provide for pictures and microchipping of any pets not specifically mentioned when you executed your trust.

·       Provide pet care instructions.

·       Note any health problems, medication or treatments and a schedule of veterinary visits.

·       Require the trustee to make sure the pet gets regular, thorough veterinary check-ups.

·       Require the trustee and advocate to make regular inspections.

·       Provide sufficient resources to cover pet care expenses and specify how funds should be distributed (e.g., annually, quarterly, bi-monthly). 

·       Provide funding necessary to administer the estate.

·       Consider taking out a life insurance policy, making the pet trustee the beneficiary.  Specify how any funds remaining after the animal’s death should be used. If you are asking a shelter to be your pet's caretaker, consider naming the shelter as the successor beneficiary. 

·       State how the animal should be treated after its death. If cremated, say what you want to happen to the ashes. If buried, name a cemetery that allows pet burials. In most areas of Ohio, pets can be buried in a private yard.

Q:       How much money will I need to fund my pet trust?
A:        Based on your pet’s life expectancy, compute an annual cost of care such as food and veterinarian care and add at least three percent. Also plan on paying the caregiver, trustee and advocate for their work.  Include the amount you are willing to pay in the trust terms. The caregiver, trustee, and advocate can refuse the job if they don't think the payment is adequate. An attorney familiar with trusts should be able to help you decide the source of pet care funds.
            Do not over-fund your trust. This may invite a court challenge from heirs and beneficiaries. A court can reduce the amount of caretaking funds to an amount it deems is reasonable for the care of the pet.

 

This “Law You Can Use” legal information column was provided by the Ohio State Bar Association. It was prepared by Lima attorney Michelle L. Baumeister. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Many laws in Ohio deal with dog ownership and treatment. This article addresses the most basic laws applying to pet dogs.

Q:       I’m thinking of getting a dog for a family pet. Does Ohio have any dog laws I should know about?

A:        Yes. There are both state statutes and local ordinances. The state statutes define how a dog is determined to be dangerous, and what you can and cannot do with a dog. Local ordinances may ban certain breeds of dogs or restrict the number of dogs you can own in your private home. Local ordinances may also require certain immunizations for your dog. Some local ordinances also include leash laws. Ohio law, however, does not permit pet dogs to run loose. They must be under someone’s control, and if a dog is in heat, she must be on a leash.

Q:       Must I have a license for my pet dog?

A:        Yes. Every dog over three months of age must be registered with the county auditor by the 31st of every January. If your dog is not registered by January 31, your fee will double. Depending on local ordinances, you may have to pay a higher fee if the dog is not spayed or neutered. Also, your dog must wear a tag issued by the county auditor. If the dog warden sees a dog without a collar or tag on—even in your yard—the warden can seize the dog.

Q:       Does Ohio law prevent anyone from owning a dog?

A:        Yes. Ohio law now says that anyone who has been convicted of a felony since December 1, 2013, cannot own certain dogs. Such a felon cannot own or live in a residence with an unsprayed or unneutered dog, or any dog that has been deemed to be dangerous, until the felon has been released from all sanctions for a period of three years.  Even after that three-year waiting period, a felon who owns or lives with a dog must have the dog microchipped for permanent identification. This law does not pertain to any dog owned by a felon before December 1, 2013, or to people while they are in rehabilitation or correctional facilities.

Q:       Is there anything legal I have to do if I sell or give away a dog?

A:        Yes. If you transfer of ownership of any dog, you must give the buyer a signed transfer of ownership certificate. The certificate must contain the dog’s registration number, your name, and a brief description of the dog. You can get blank forms of this certificate from the county auditor, and you will have to pay a $5 fee when you record the form with the auditor. Before you transfer ownership or possession of any dog, you must give the dog’s prospective new owner, upon request, written notice about the dog’s behavior and propensities.

Q:       Does Ohio law consider dogs and other animals property?

A:        Yes. Ohio law considers pets to be personal property, except that the law does not allow you to abandon or throw away a pet as you might a piece of furniture. And while you are free to keep a piece of furniture out in the rain until it is ruined, there are laws in Ohio that protect dogs from inhumane neglect or abuse. 

Q:       Since my dog is my personal property, can I do anything I want with my dog?

A:        No. You cannot (or allow anyone else to) torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill or commit an act of cruelty against a dog (or any other companion animal). Also, you cannot neglect your dog or cause unnecessary pain, or allow the dog’s pain to continue when there is a reasonable remedy or relief; neither can you needlessly kill your dog. Further, you cannot deprive your dog of necessary food or confine the dog without providing adequate and wholesome food and water, and you cannot impound or confine your dog without providing access to shelter from heat, cold, wind, rain, snow or excessive direct sunlight.

Q:       What if my dog hurts someone or someone’s property? Can I be held liable for damage or injuries?

A:        Yes. Damage caused by your dog is a strict liability offense. This means that, as long as your dog wasn't attacked, you will be responsible for any damage your dog may do. Therefore, you must properly restrain and control your pet dog at all times. Be sure the dog will not be able to escape from your property or wherever you are keeping it.         

This “Law You Can Use” consumer legal information column was provided by the Ohio State Bar Association. It was prepared by attorney Michelle L. Baumeister.  Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek the advice of a licensed attorney.

Disagreements about pets can quickly escalate and lead to litigation. Increasingly, people have been turning to mediation to resolve these issues. In mediation, a neutral party guides discussions between disputing parties so that both sides can share their points of view and work together to create acceptable solutions. This article provides some examples of instances in which mediation can prove a productive alternative to litigation.

Q:       How do I talk to my neighbors about their barking dog?

A:        Having this conversation on your own is often frustrating and may even be dangerous. It is wise to schedule the discussion in a neutral location and not while anyone is angry, preferably in a community or private mediation setting. A neutral setting generally helps to keep the parties’ anger at bay. Community mediation services are often free, or you can hire an independent mediator and split the cost between the neighbors.

Q:       I am getting divorced and my spouse wants me to pay to keep the dog. How can I stop him from holding the dog for ransom?

A:        Frequently, ‘Who gets the pet?’ is the final sticking point in divorce. These conflicts are often about much more than money. If your attorney is unable to hold an effective discussion about the costs of keeping the dog, you may choose to hire a mediator to help guide the conversation. A mediated discussion will, for example, help to clarify why the pet is important to both parties rather than focusing on the cost of keeping the pet.

Q:       My dog has a congenital defect, and the breeder isn’t willing to talk to me about the problem.  How do I get some answers and reimbursement for costs without suing the breeder?

A:        Getting the parties to discuss such an issue can be a challenge, and your initial approach is key to a successful resolution. First, get all the clinical information about the health of your dog, including a brief letter from the vet outlining the medical findings. When you speak to the breeder, try to avoid an accusatory tone and use the term “we” instead of “you” to indicate your willingness to work together to find a solution. Breeders often see health complaints as a criticism of their entire breeding program, even though unfortunate things happen even with the best of breeders and breeds. How you approach a solution makes a big difference in the outcome, so a mediated discussion is often beneficial.

 Q:      A vet gave my dog a drug I specifically said should not be used. I want to talk with the vet and maybe get some money back for the cost of follow-up treatment. Is there anything I can do short of litigation?

A:        Veterinarians must sometimes make split second decisions about how best to save a pet. Afterwards, their hands are often tied by the terms of their malpractice insurance when it comes to discussing the case with a client. If you want to speak to your vet, refrain from using the words “I am going to sue you” and leave your emotions at the door. Approaching a vet to discuss best practices is difficult in the best of circumstances, so if you want to have this conversation, approach it from a position of wanting knowledge rather than trying to prove a position.

Q:       My mother is moving to an assisted living facility that permits dog, but I’m concerned that she will not follow the facility’s pet rules. How can I help my mother keep her dog while assuring the facility that the rules will be followed?

A:        It can be difficult to initiate discussions between your mother and the facility owner about pet rules that help the facility function. If your mother and the facility owner can talk about why the rules are necessary, they may then be able to discuss how to make these rules meet everyone’s needs. To facilitate this discussion, you may want to consider hiring a mediator who specializes in elder conflicts. By asking the right questions, a mediator can help the parties discover where they agree and disagree, and find a solution for the conflict.

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by Debra Vey Voda Hamilton, Esq., Hamilton Law and Mediation (www.hamiltonlawandmediation.com). Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.