PETS AND ESTATE PLANNING

If you have pets, there is good reason to be concerned about what happens to them after you pass away. For some of us, our pets are like family. Many times after an owner dies, the personal representative and/or heirs will surrender the pets to a local animal shelter. Sadly, many of our pets are not able to find new ‘forever’ homes.

So what can you do to ensure your pets are cared for?

Select Care Takers

Start by determining who will care for your pet if something happens to you. This could be a spouse, a child, another relative or a friend. Discuss your wishes with your chosen caretaker. Make certain they agree to assume responsibility for your pet. If no one in your life fits the bill, consider a local or national charitable or humane organization.

Determine the Yearly Cost to maintain and care for your Pet(s)

Include language in your Last Will and Testament

Again, you cannot use your will to leave money or property to your pet. If you try, that money or property will be included in your residuary estate,

In addition to providing the name and address of a trustee and successor trustee, a caregiver and successor caregiver (all of whom can be corporations and/or individuals) you will be asked to provide enough information to:

• Adequately identify your pets in order to prevent fraud, such as through photos, microchips, DNA samples, or alternatively, by describing your pet as a “class”—in other words, as “the pet(s) owned by you at the time of your illness/death;

• Describe in detail your pet’s standard of living and care;

• Require regular inspections of your pet(s) by the trustee;

• Determine the amount of funds needed to adequately cover the expenses for your pet’s care (generally, this amount cannot exceed what may reasonably be required given your pet’s standard of living) and specify how the funds should be distributed to the caregiver;

• Determine the amount of funds needed to adequately cover the expenses of administering the pet trust;

• Designate a remainder beneficiary in the event the funds in the pet trust are not exhausted;

• Provide instructions for the final disposition of your pet (for example, via burial or cremation).

Have questions or concerns about your estate planning? Contact us to discuss further:

E.M. Curran Legal LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

HOW A DIVORCE AFFECTS YOUR CHILD'S EDUCATION.

Divorces end marriages but do not end the child-parent relationship - this is a relationship that should last a lifetime.  Massachusetts requires divorcing spouses who have children under the age of 18 to participate in an approved Parent Education Program. Learn more about these mandatory programs by visiting this link: https://www.mass.gov/parent-education

It is important to recognize that the children in a divorcing family may be deeply affected by their parent’s divorce. If a child’s grades and/or behavior change before, during and after the parent’s divorce inquires need to be made to see if the child would benefit from counseling. The parents should be mindful not to blame the other parent for any of the child’s struggles. Both parents need to stay focused on what is in the best interest of the child.

Who makes the education decisions for the children after the divorce? That depends on what kind of ' legal custody' you have in accordance with MGL. Ch. 208 S. 31. This is what the statute states in relevant part: 

''Sole legal custody'', one parent shall have the right and responsibility to make major decisions regarding the child's welfare including matters of education, medical care and emotional, moral and religious development.

''Shared legal custody'', continued mutual responsibility and involvement by both parents in major decisions regarding the child's welfare including matters of education, medical care and emotional, moral and religious development.

Tips for divorcing and/or divorced parents:

1. Let the school know in writing who may pick up the child at any time.

2. Let the school know in writing to send report cards, progress reports, and other educational notices to both parents. Be sure you provide current contact information to the school.  

3. Understand that your child's teacher is NOT going to pick a side so don't put them in that position. Your teacher's purpose is to educate your child and to ensure that the best interests of the child are fulfilled. 

4. Try and keep any and all marital issues out of the school. Don't bad mouth each other to your child, school personell, other parents etc. 

Have questions or concerns about your child's education? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com