This guest post is offered by Elizabeth
McNally, Regent Law 3L:
According to the Animal
Legal and Historical Center, “[a]s
of 2022, all 50 states and the District of Columbia have enacted pet trust
laws.” For some, the ability to care for their pets after they are no
longer able to care for the pet themselves gives them peace of mind. There is
value to be found in that peace of mind. The question is whether attorneys
should counsel their clients that there is more value to be found elsewhere,
especially for Christians.
Christians should be
laying up treasure in heaven and not on earth. Matthew 6:19-21 states:
Lay
not up for yourselves treasures upon earth, where moth and rust doth corrupt,
and where thieves break through and steal: But lay up for yourselves treasures
in heaven, where neither moth nor rust doth corrupt, and where thieves do not
break through nor steal: For where your treasure is, there will your heat be
also.
Providing for a pet in a trust could be
viewed as laying up treasure upon earth. There are many ways that the
individual’s money could be better used to lay treasure up in heaven. The
individual could leave the money to a mission agency, a Christian school, a
crisis pregnancy center, or church. That gift would help to spread the gospel.
An investment which would not rust here on earth. Even for non-Christian
clients, leaving a lasting impact by investing in a charitable organization
could be a better use of their money than leaving money for the care of their
pets. Attorneys should provide wise counsel to their clients.
Advising for a pet trust could be great
for the pet owner’s peace of mind, but advising toward a charitable trust might
be an even higher way to provide that wise counsel.
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