Pet

Nashville Committee to Consider Amendment to Ordinance Affecting Outdoor Pets

A proposed ordinance amending Chapter 8.12 of the Nashville Metropolitan Code of Laws heads to the Metro Council’s Health, Hospitals and Social Services Committee on July 3. Under current law, pregnant animals, nursing females, or animals less than six months old are not permitted to be outdoors during periods of inclement weather, including temperatures above 95 degrees Fahrenheit. Bill BL2018-1201 amends the current law, defining inclement heat as 85 degrees Fahrenheit. Dogs Deserve Better, a Nashville advocacy group, is encouraging supporters of the ordinance to wear a t-shirt with a dog on it and to attend the July 3 Metro Council meeting to support the change.

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Considering Pet Trusts

Estate planning is a complex, nuanced process, so great care must be taken in dealing with the many critical decisions involved. An often-overlooked aspect of this process is considering care for a pet in the event of the grantor’s disability or death. As animals almost completely rely on a caretaker for their basic needs, this is a truly important designation. 
 
Pet ownership helps aging humans maintain an active lifestyle and overcome feelings of loneliness and depression. Including a pet trust in one’s estate plan allows persons at every stage of life to enjoy the benefits of pet ownership while overcoming the concern many caring pet owners express, “but what if something happens to me?  Who will care for my pet then?” A pet trust can answer these questions and help assure quality care for the lifespan of the pet.
 
Animals with especially long lifespans, such as horses (average lifespan of 30 years), birds (15-60 years, depending on species), tortoises (40-100 years, depending on species), and certain other reptiles (tuataras – a type of lizard native to New Zealand –  can live more than 100 years), can benefit from having an estate plan in place that includes care of these animals.
 
When constructing a pet trust, it is important to provide funding for the long-term care of the pet. It can be wise to designate a trustee to oversee the trust funds designated for the care of the pet and a different person to serve as caretaker of the animal. In this way, sufficient checks and balances may be put in place so that adequate care of the animal is assured and the possibility of malfeasance is minimized.
 
A pet trust may be an appropriate estate planning device in any number of situations, from elderly folks with one lap pet to large animal owners who want to provide long-term care. By keeping these arrangements in mind, we can better serve our clients and the animals that depend on them.
 
Esther L. Roberts is an East Tennessee Delegate of the executive council and served as inaugural chair for the Tennessee Bar Association's Animal Law Section. Roberts is the CEO of Global IP, a law firm specializing in intellectual property and IP mediation and founder of Tennessee Pet Trusts. She holds degrees from Lipscomb University and the University of Tennessee College of Law. Roberts can be contacted at 865-607-9780 or esther@globalipam.com

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