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Creating a Trust for Your Pet
By: Bobby Reynolds
If you own a pet, then chances are that pet is included as a part of your family. I recently became dog owner and it's easy to see how animals work their way into our homes. Who can resist those puppy dog eyes and the wagging tail? Whether it's a dog, cat, bird, lizard or whatever you are responsible for the care, health, and well being of that animal. But who will take care of your animal when you are not around?
Florida law (Fla. Stat. 737.116) allows a trust to be created for the care of pets. To create this trust, a person must follow the same procedures for creating any other expressed trust. The statute's one requirement is that the pet be alive during the lifetime of the trust's creator. If the creator wants the trust to care for more than one animal, he can do so as long as all the animals are living during the creator's lifetime.
The trust's creator will want to designate a trustee to manage the trust; but he or she will also want to appoint a person to enforce the terms of the trust. If such a person is not appointed in the trust, a court will appoint such a person. Any person interested in the welfare of the animal may request the court appoint a person to enforce the trust. Likewise, any person interested in the animal's welfare may request the court remove an appointed person from the trust. The person appointed to enforce the trusts will have the same rights a beneficiary would have under any other trust.
Property included in a pet trust can only be used for its intended purpose, which is the care of the animal. Upon the death of the animal, or if there are multiple animals, the death of the last surviving animal, the trust will terminate. Any trust property remaining in the trust at its termination will be devised according to the statute.
When preparing your estate plan, be sure not to overlook your family pet. They're depending on you. |
Florida AG Warns of Security Breach
By: Mary Moser
More than 742,000 Florida residents are being urged to monitor their credit and debit cards through Bank of New York Mellon Shareholder Services.
Florida Attorney General Bill McCollum issued a consumer alert that personal data associated with those accounts has been breached, and he said that the magnitude of this data breach emphasizes the need for consumers to be vigilant about checking their bank and credit card activity on a regular basis.
The data breach occurred on Feb. 27, when an archive vendor for BNY Mellon lost six backup tapes during transport to a storage facility.
The bank started notifying various groups of customers in March, but it will continue to send out mailings to additional customers, the last of which should be sent out in the next few weeks.
Consumers who believe they may have been a victim of identity theft related to this or any other data breach are encouraged to contact the Attorney General's Fraud Hotline at (866) 966-7226. |
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Alzheimer's Walk A Success
Early on Saturday September 13 Team Gallagher Law joined over one thousand other walkers for the 2008 Tampa Bay Memory walk to benefit the Alzheimer's Association. The event raised over $176,000 for Alzheimers research and advocacy.
Special thanks to team captain Ginny Keeter-Bodkin for championing this event. Many thanks to all those who donated to and participated in the Pinellas/Hillsborough Memory Walk 2008 benefiting the Alzheimer's Association.
Team Gallagher Law raised over $1700 which goes to fund research in finding new therapies for those suffering and some day a cure for this devastating and growing disease.
It was a hot but beautiful morning at the Pier and we sincerely thank all those who walked.
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Channel 10 Profiles Marina Assault Case
On September 6, 2008 Channel 10 News profiled the case of Lawson v. Harborage Marina. Mr. Lawson leased a slip from the Harborage Marina in St. Petersburg. Some of the advertised amenities included 24 hour security, secure gates and a key code security system.
A neighbor summoned him to the marina when she saw strange people on his boat. He arrived there to find a number of individuals who were stealing his personal belongings and vandalizing the boat. At the heat of the dispute one of the assailants held a knife to Lawson's throat. The thiefs made away with over $20,000 worth of belongings. It was later determined that there was no security on duty and that the secure gates had been tied open that day. In response, he filed suit against the Harborage Marina for negligent security. The case is currently pending in Pinellas Circuit Court.
The full interview can be seen at:
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SPCA Tampa Bay Dog Walk
Gallagher & Associates is sponsoring a team and we invite all of our friends, colleagues and clients to join us in the walk or just to donate. The walk is at 8:30 am on Saturday, October 18, 2008 at North Shore Park in downtown St. Petersburg.
Thank you for your support!!! | |
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G&A News & Notes
-Erika Ronquillo joined the firm in September as an associate. Erika is a graduate of the University of Florida and Stetson University College of Law. Erika's practice will focus on commercial litigation.
-Gallagher & Associates will once again sponsor the St. Petersburg Bar's Oktoberfest on Saturday October 4 at USF-St. Petersburg
-Cynthia Corder joined the firm as a legal assistant. Cindy completed the paralegal program at St. Petersburg College. Cindy will assist with case management and litigation support.
-On Saturday October 4, G&A will field a team for the Komen Race for the Cure. If you are interested in joining us:
-G&A will host its annual Holiday Open House on Wednesday December 3 at 6:00 p.m. All clients, vendors, and friends of the firm are welcome. To RSVP please call Ginny at 727-344-5297 or email her at ginny@attorneyoffices.org.
- On October 23, Charles Gallagher and Erika Ronquillo will give a presentation on Estate Planning to St. Petersburg City employees. |
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Gallagher & Associates Law Firm, P.A. accepts cases throughout the Tampa Bay area. Our main practice areas include: insurance litigation, real estate & business litigation, accident/injury litigation, consumer law, and employment litigation. www.attorneyoffices.org |
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