Massachusetts law allows a judge to reduce the assets in a Massachusetts Pet Trust if the judge finds that the amount of assets is excessive.  The law states that “the court may reduce the amount of property held by the trust if it that amount substantially exceeds the amount required for the intended use and the court finds that there will be no substantial adverse impact in the care, maintenance, health, or appearance of the animal or animals.” 

It is unlikely that a judge would do so on the judge’s own action.  The judge would likely be acting in response to a motion made by a person or organization looking for immediate gain.

With careful planning, disgruntled heirs can be prevented from mounting most challenges on the grounds of excessive funding of the pet trust.  A long-term budget should be written out, as it is important that the amount going into the pet trust not simply be a number picked out of thin air.  The maximum life expectancy of the pet should first be determined.  Second, a Life Care Plan should be outlined for the pet, and the pet’s Veterinarian should be asked to estimate how much the Life Care Plan would cost.  Third, compensation for the Caretaker, Trustee and Monitor should be estimated.

Posted by: Brian E. Barreira, Esq. / 18 Samoset Street, Plymouth, MA 02360 / 508-747-8282