Blast From The Past: Providing for a Pet in an Ohio Estate Plan

pet trust pet adoption

Pet Trust Option Could Provide Care For Your Pet After One’s Death

PUBLISHER’S UPDATE: Here is one of my favorites posts about Pet Trusts, from back on April 30th, 2022! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Pet Trust Allows For Care Of Pet After Owner’s Death

pet trust pet adoptionWhen creating an estate plan, one indicates who should receive the remaining assets of the individual at the time of one’s death. However, at the time of death, what happens to one’s pets? Although most of us view our pets as beloved members of the family, in the eyes of the law, pets are considered personal property. Therefore, pets can be bequeathed in a will or trust just like any other personal property. How does one ensure that one’s pets are properly cared for? A couple of options may be considered.

If you have someone in mind that you trust to care for your pet or pets, a pet trust is an available option. Ohio Revised Code section 5804.08 allows for pet trusts in our state. It states the during an individual’s … Read More... “Blast From The Past: Providing for a Pet in an Ohio Estate Plan”

Providing for a Pet in an Ohio Estate Plan

pet trust pet adoption

Pet Trust Option Could Provide Care For Your Pet After One’s Death

Pet Trust Allows For Care Of Pet After Owner’s Death

pet trust pet adoptionWhen creating an estate plan, one indicates who should receive the remaining assets of the individual at the time of one’s death. However, at the time of death, what happens to one’s pets? Although most of us view our pets as beloved members of the family, in the eyes of the law, pets are considered personal property. Therefore, pets can be bequeathed in a will or trust just like any other personal property. How does one ensure that one’s pets are properly cared for? A couple of options may be considered.

If you have someone in mind that you trust to care for your pet or pets, a pet trust is an available option. Ohio Revised Code section 5804.08 allows for pet trusts in our state. It states the during an individual’s lifetime, he or she can set up a pet trust to provide for the care of a pet or pets and to terminate upon the death of the pet, or if more than one, upon the death of the last pet. You must indicate who is … Read More... “Providing for a Pet in an Ohio Estate Plan”

Dividing Pets in a Divorce can be “Ruff”!

pet owners divorce

Pet Owners Face Difficult Decision As To Who Receives The Family Pets During Divorce

What Happens to your Pet During a Breakup or a Divorce? Should Pet Owners Agree to a “Pet-Nup?”

pet owners divorceThe breaking up of a relationship, or the termination of a marriage is obviously an anxious and difficult time. Even if the ending is mutual, it is still a time fraught with emotion. There are many things to consider depending on each couple’s situation. If the couple cohabitated, either when in a relationship or within a marriage, there may be possessions to divide up. When children are involved it of course can be overwhelming and messy to figure out all the arrangements. We most commonly think about the children being the innocent party caught in the feuding between parents, but what happens to the pet or pets? During a breakup, it can be a difficult decision as to who receives the beloved family pets.

The Use of “Pet-Nup”, Name Registration and Reciept Keeping

In the UK, there was a recent study done by Maguire Family Law. It reports that lawyers are experiencing more and more separation or divorce cases where the couples are bitterly fighting with each other … Read More... “Dividing Pets in a Divorce can be “Ruff”!”

New Ohio Law – Mandatory Reporting of Animal Abuse

animal abuse domestic violence pets

New Ohio Law Protects Social Workers And Veterinarians From Criminal Or Civil Liability If They Report Suspected Animal Abuse

animal abuse domestic violence petsSadly social workers who have seen signs of what they suspect might be animal abuse, are reluctant to report it out of fear of retaliation from their client or perhaps violating their client’s privacy. Fortunately Ohio Governor, Mike DeWine has signed a bill that will attempt to change that. On April 6, 2021, Ohio House Bill 33 will take effect. It is a bill that makes it a requirement that a veterinarian or a social worker who suspects animal abuse  must report it to authorities.

This law is also attempting to create a system of cross-reporting. If dog wardens or animal control officers witness animal, child or elder abuse they are mandated to report that to social services professionals. If the people that are reporting these incidents are doing so in a manner of “good faith”, they will be protected by the law making them immune from criminal or civil liability.

New Bill Would Make Animal Abuse A Fourth-Degree Misdemeanor

The bill was introduced in February of 2019 by two Republican representatives, Laura Lanese from Grove City, and Sara … Read More... “New Ohio Law – Mandatory Reporting of Animal Abuse”

California Courts now have Authority to Rule on Pet Custody Disputes in Divorce

divorce pet custody

Ownership Of Pets Can Be Decided In California Courts, Will Ohio Be Next In Pet Custody Disputes?

divorce pet custodyIn California and Ohio, as in most states, pets are considered personal property by law.  But thanks to a new law in California, divorce disputes over “custody” of dogs and cats will be decided in a similar manner as are child custody disputes. Regardless of the emotional attachment between a pet and its owner, Courts typically don’t give more status to a pet than say to a computer or television.

Under A.B. 2274, signed  last week by Governor Jerry Brown, pets will still be considered community property but now a judge deciding ”custody” will have the discretion of weighing such factors as who feeds and walks them, has been the primary caregiver and who takes them to the veterinarian. In addition, the Court may order essentially temporary custody of the pet pending final hearing. The law goes into effect on January 1, 2019. To read the text of the law, click here.

As an Ohio divorce lawyer for near 40 years, I personally think the new California law makes practical sense. Pets can become as important to individuals as … Read More... “California Courts now have Authority to Rule on Pet Custody Disputes in Divorce”

Animal Protection: New Ohio Law Will Shield Pets From Abuse

Ohio Joins 29 Other States to Protect the Family Pet Against Domestic Animal Abuse with New Protection Order

animal pet protection On June 28, 2014, we published an article about S.B 177, an Ohio Bill that was introduced in August 2013 that would amend domestic protection order laws to allow your furry friend to be included.  The legislation became a reality when Governor Kasich signed it into law on Friday, December 19, 2014.

The ASPCA had urged Governor Kasich to quickly sign this bill into law to address this pervasive problem and protect Ohio families and their pets. “Too often, victims will not flee an abusive situation if they have to leave a pet behind, unprotected,” said Vicki Deisner, Midwest Legislative Director for the ASPCA. “No one should have to make the impossible choice between escaping an abusive situation and ensuring their pet’s safety.”

The court may now include within the scope of a protection order issued under this section any companion animal that is in the complainant’s or alleged victim’s residence and may issue additional orders as it considers appropriate for the protection of the companion animal, including any listed in division (D)(1) of this section.

This new added language grants courts … Read More... “Animal Protection: New Ohio Law Will Shield Pets From Abuse”

Animal Protection: New Bill Would Shield Pets From Abuse

Should Domestic Violence Protection Orders Protect the Family Pet Or Animal Against Abuse?

animal protection abuseA bill introduced in August 2013 would amend domestic protection order laws to include your furry friend.  The new (potential) law seeks to add “companion animal” to protective order abilities.   The new bill seeks to add the language…

The court may include within the scope of a protection order issued under this section any companion animal that is in the complainant’s or alleged victim’s residence and may issue additional orders as it considers appropriate for the protection of the companion animal, including any listed in division (D)(1) of this section. (SB 177: 2013)

This new added language grants courts the power to protect a victim’s animal from abuse.  This became a hot issue recently with 71% of women who entered battered or abuse shelters reporting that their batterer killed, injured, or was abusive to their animal companion.

The new bill would grant judges the ability to order a multitude of protections regarding pet abuse.  This may seem silly and excessive to some, but to pet owners this is long overdue.  The language that would be added by the new bill includes the following…

The court

… Read More... “Animal Protection: New Bill Would Shield Pets From Abuse”
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