At Fearn Law, LLC, in Marlton, New Jersey, https://fearnzimmerelderlaw.com/, we love our dogs! So, in honor of National Dog Day, we are marking the Dog Days of Summer by sharing some of our pups’ photos.

Nothing compares to a dog’s unconditional love, boundless energy and entertaining antics. Did you know that dog ownership may even delay cognitive decline in solo agers?

Solo agers, also known as elder orphans, are individuals who living alone without care from a family member or partner. A recent study of more than 7,000 participants aged fifty (50) years or older, positively correlated pet ownership with slower rates of decline in verbal memory and verbal fluency in solo agers. See Yanzhi Li, Ph.D., Wanxin Wang, Ph.D., Liwan Zhu, Ph.D. et als., Neurology, published online December 26, 2023, https://pubmed.ncbi.nlm.nih.gov/38147332/.

How Can a Pet Trust Help Elder Orphans and their pets?

Solo agers (and other pet owners) can ensure a life long stream of treats, and continuity of care upon the owner’s disability or death, with a pet trust.

A pet trust is a legally enforceable agreement that ensures the pet is cared for if its owner becomes incapacitated or passes away. The solo ager, or other pet owner, establishes the trust by signing a trust document and funding the trust. The trust appoints a caregiver for the pet, states where the pet will be cared for, and nominates a Trustee, who is the person responsible for managing the trust investments and trust distributions to pay for the pet’s comfort and care. The grantor, who establishes the trust, can provide specific care instructions, and through the trust’s terms, can designate back up caregivers.

Why a Pet Trust Gives More Protection Than a Note or a Will

This structure and funding can provide the pet with more protection than a note to a family member, which may not be legally enforceable. Under N.J.S.A. 3B:3-22, there is a ten-day waiting period after the date of death. The waiting period must expire before a decedent’s Last Will and Testament can be probated in the Surrogate’s Court. In addition, a Will only takes effect after death. For more information about the probate process in New Jersey, see the very helpful probate guide available online at /https://co.burlington.nj.us/DocumentCenter/View/15397/Surrogate-Probate-Guide.

During the ten (10) day waiting period for probate, the former pet owner’s estate cannot be probated. if the pet owner had a general durable power of attorney, this document expires with the pet owner’s death. This creates a void of authority. Without a pet trust (or an informal, and unenforceable arrangement), no one has legal authority to care for the pet. Fortunately, a well-drafted and properly signed and witnessed pet trust is a good solution for a seamless transition in care. It’s also a good idea to keep a notebook and an old school or an electronic folder with notes on your pet’s care, vaccinations, medications and preferences. If opting for the electronic version, be sure to provide the Trustee and the pet caregiver with the digital username and account passwords, and any other information needed to access the electronic documents, including any dual factor authentication.

For questions about estate planning for you and your pets, contact Jane at Fearn Law, LLC at (856) 938-8578 or by email at fearnzimmer@gmail.com.