Delaware Business Lawyer Blog

As a Delaware lawyer and dog lover, I recently wrote about the use of a Delaware pet trust to ensure that your pets are cared for immediately after your death and into the future. Along the same lines, it would make sense to carry a note in your wallet alerting emergency personnel to the fact that you have pets at home, their names, the name of your pet trustee, and any other pertinent information.

Speaking of emergency personnel, if you don’t already have it, it’s advisable to affix a pet safety alert decal or sticker on your door or window so that if firemen have to come to your house, they’ll know that there are animals inside that need to be rescued. These stickers are available at pet stores and on-line. They're inexpensive, around $5, and you'll never regret having it.

I previously discussed the fact that the animals we love and think of as members of our family are considered to be property in the eyes of the Delaware courts. I personally disagree with this, and I’m hopeful that this view will change. However, the good news is that Delaware finally allows us to create pet trusts.

So what is a pet trust and why would you want to set one up? Well, for one thing, it’s important to make sure your pets are cared for immediately upon your death. The trust document names the person who becomes the owner of your pet and the “guardian: of the funds which you set aside for the welfare of your pet. This person is called the “trustee.” The pet trust also allows you to name the “caregiver,” who is the person who will actually provide the day to day care of your pet.

Another reason for the pet trust is that it’s a legally binding document that can be enforced in court if the need arises. You also get the opportunity with the pet trust to write down such things as the activities your pet enjoys, the food your pet eats, etc.

Also keep in mind that because your pets are property under Delaware law, you can’t leave money directly to your pets. If you tried, it would be invalid. The pet trust permits you to give your pet and the money to the trustee. The trustee gives the pet to the caregiver, and distributes funds to the caregiver from time to time as needed.

Finally, with a pet trust, the funds don’t get tied up in probate, which means the money is readily available for the care of your pet immediately after your death.

A video that recently went viral shows a young woman texting while walking in a mall in Reading, PA. She’s so distracted that she falls into a fountain. Most people who see this video think it’s funny. But there’s nothing funny about the consequences of putting oneself or others in danger.

On January 25, the NY Times reported on the latest concerns about pedestrians who are distracted by iPods and cell phones while crossing the street. Some states are considering legislation that would restrict the use of cell phones and iPods while running or walking along the sidewalk or street. Regardless of how we feel about distracted walking or running, as a Delaware attorney I hope we all recognize how dangerous it can be to drive while you’re distracted. An Illinois Court recently awarded $8 million to the parents of 2 teenage girls who were killed in a head-on car crash involving a state trooper. The evidence showed that the cop was speeding at 126 miles per hour, talking on his cell phone to his girlfriend, and sending emails on his in-dash computer.

There’s a whole lot of information out there about this topic. Here are some links:
U.S. Department of Transportation
OSHA’s website has a section dedicated to distracted driving
Governors’ Highway Safety Association
Oprah has started a no texting while driving campaign