Florida is the 17th state to enact such a measure since a 1990 change in the Uniform Probate Code that allows for "a trust for the care of a designated domestic or pet animal and the animal's offspring."
Previously, Florida law defined pets as personal property, and thus they could not inherit money. People could set up conditional gifts or "honorary" trusts requiring someone to take care of a pet in order to receive money, but there was really no way to prevent the caregiver from neglecting the animal or selling it and keeping the cash.
To address this concern, Florida's new statute states that someone appointed by either the grantor or the court is to make sure the trustee is fulfilling his or her duties and, if necessary, appeal to the courts on the animal's behalf. Furthermore, judges can alter aspects of the trust, if, for example, they deem the amount excessively high to care for the pet during its lifetime. Most states with pet trust laws include some way to enforce the trust, while California, Missouri and Tennessee allow only non-binding trusts.
According to former Senator Locke Burt, who sponsored the bill last year, the issue was of particular interest to Florida's many senior citizens. "My concern wasn't the animals," he says. "My concern was people wanting to take care of members of their family."
