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February 26, 2006

Trust bills move in SD, MD

A bill (pdf) has passed the Maryland Senate allowing people to create trusts for animals, also known as pet trusts. The text follows, with slight variation, Uniform Trust Code 408 (scroll down). The language in UTC 408 has advantages over other approaches because it allows trusts to last as long as an animal lives and gives enforcement to anyone with an interest in the welfare of the animal.

Meanwhile, the other news (i.e., not this news) from South Dakota is that Governor Mike Rounds has signed into law an animal trust law. It's less robust than the Maryland one, but no doubt welcome for South Dakotans of means who keep companion animals.

Update (4/23/06): The Maryland bill has died in House committee. In reviewing the legislation this session, one GOP hack listed SB 235 as the "silliest" bill of the year. The animal law section of the state bar association has a measured, smart response which outlines the problems that pet trusts are designed to solve. Maybe next session!

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