BellaDOG Magazine Holiday 2010

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What About Me?

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What will happen to your beloved pet if something happens to you?

An Introduction to the new book by Barry Seltzer and Gerry W. Beyer FAT Cats & Lucky DOGS - How to Leave (Some of) Your Estate to Your Pet Pets have been important to humans for many thousands of years. Dogs, for example, were domesticated in Mesolithic times (more than 10,000 years ago in the Middle Stone Age) by our hunter gatherer forefathers – likely for very practical purposes – guarding camps, hauling sleds and the like. But if early dogs were anything like their modern counterparts, they soon ingratiated themselves as friends and loyal companions. Our ancestors took a fancy to other animals as well. Cheetahs were first tamed by the Sumerians and were kept by the ancient Egyptians. In later times, they were companions to a number of historical giants, including Genghis Khan, Akbar the Great and Charlemagne. Hawks and falcons were also tamed and trained as hunters and hunting companions to generations of men throughout prehistoric and historic times. The common house cat has been with us for four or five millennia. The ancient Egyptians frequently embalmed them, perhaps to keep their human owners company in the afterlife. In later times, the Prophet Muhummad reportedly once cut off the sleeve of his robe so he wouldn’t wake his sleeping cat, Muezza, when he was called to prayer. The 18th century English writer, Samuel Johnson, would personally fetch oysters for his favorite cat, Hodge, so his servants would not come to dislike the animal from having to serve it themselves. In more recent times, many of our villains and heroes have been pet lovers. Josef Stalin was apparently a cat fancier; Adolph Hitler liked large dogs; United States President Franklin D. Roosevelt owned a Scottish terrier 22

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Churchillian inflection.” The tradition of pets in the corridors of power continues to this day. In the United States, for example, all recent United States presidents have had First Pets, generally cats or dogs. President Bill Clinton’s family had a Labrador retriever named Buddy and a cat named Socks, who died in 2009. George W. Bush brought a Scottish terrier named Barney, an English springer spaniel named Spot, and a cat called India (nicknamed Willie} into the White House. On his ranch in Crawford, Texas, President Bush kept a longhorn cow named Ofelia, named after someone who worked with him when he was the governor of Texas. President Barak Obama and his family selected a Portuguese water dog named Bo as the White House pet - and subsequently triggered a surge of interest in the breed across North America and the United Kingdom.

named Fala; and his successor, Harry Truman, had a pet goat named Dewey’s Goat. Winston Churchill adored a cat named Nelson and kept an entire menagerie that included lambs, pigs, cattle, swans and, at one point, a leopard. In fact, a clause in Churchill’s will states that his home at Chartwell is to be occupied by a ginger cat in perpetuity. And in a January 19, 2004, feature that appeared in a British tabloid, the Daily Mirror, reporter Bill Barrows revealed that Churchill’s pet parrot, Charlie, had just turned 104. In the article, Barrows writes: “Her favorite sayings were ‘F*** Hitler’ and ‘F*** the Nazis.’ And even today, 39 years after the great man’s death, she can still be coaxed into repeating them with that unmistakable

But some earlier American presidents and their families were far more flamboyant when it came to pets. The wife of John Quincy Adams (Louisa Catherine), the 6th president, kept silkworms. Herbert Hoover, the 31st president, had an opossum. And Calvin Coolidge, the 30th president, walked a raccoon named Rebecca on a leash. Theodore Roosevelt, the 26th president, was famous for his many pets. And his six children were said to have kept snakes, dogs, cats, a badger, birds, guinea pigs and more. For many people in less exalted positions, their pets are also their favorite companions. Several years ago, the American Animal Hospital Association conducted a survey of 1,019 pet owners to determine the role their pets played in their lives. Some 57% said they would want a pet as their only companion if they were stranded on a deserted island; 55% considered themselves a parent to their pets; and 80% selected companionship as the main reason for having pets.

Since people feel so strongly about their pets, it stands to reason they would want to provide for their pets if they predecease them. Consequently, estate planners, especially in the United States, are drafting more trusts to provide care for clients’ pets. A number of states have even passed legislation relaxing the technicalities of trust creation, making it easier for pet owners to provide for pets. If a pet owner does not name a person to enforce a trust, the courts can appoint someone to act on the animal’s behalf. One state, Wisconsin, recognizes trusts for pets as valid, but does not provide for their enforcement should the trustee decide not to implement them. About 40 states plus the District of Columbia recognize pet trusts in some form. As the demand for pet protection increases, however, other states will come on board. You can check the internet, or with your lawyer to find out whether the state in which you live recognizes and provides for the creation of pet trusts, or whether such recognition is under construction. In states and in countries where such trusts are not permitted, attorneys are setting up trusts that are more obliquely designed to protect pets. These trusts name a pet BellaDOG Magazine

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