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S.F. No. 1196 - Trust for Care of Animal
Author: Senator D. Scott Dibble
Prepared By:
Date: March 9, 2015


This bill establishes a framework under which an individual may establish a trust to provide for the care of an animal.

Section 1, subdivision 1, provides that a trust may be created to provide for the care of an animal alive during the grantor’s lifetime. It terminates upon death of the animal, or if created to provide for the care of more than one animal, upon death of the last surviving animal.

Subdivision 2 provides for enforcement of a trust by a person appointed in the trust or, if no person is appointed, by a person appointed by the court. A person with an interest in the welfare of the animal may request the court to appoint a person or to remove an appointed person.

Subdivision 3 requires the property of a trust to be applied only to its intended use, except to the extent the court determines that the value exceeds the amount required. Upon termination, or if the court determines the trust has excess funds, the trustee must transfer the property pursuant to the terms of the instrument or, if there are no terms, to the grantor’s heirs.

Subdivision 4 provides that an animal trust is subject to the general law governing access to trust property for purposes of recovering payments under public health care programs.

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