# Do you have your dogs in your will?



## The A Team (Dec 1, 2005)

I know we've had threads like this before, but I bought a computer program recently called "Will Maker". As I was playing around with it...one of the sections I came to was for your pets. Hummm....I had to stop there. I have talked with friends before to see who would want to care for any of my dogs if I died.....but the conversations were never complete.

Do you have your pets in your will....with who will care for them....and money to go with them for their care?

I know my friend Elaine (pretty recently) expressed her desire to take Ava in a case like that. And another friend said she wanted Abbey. huh....after all this time, would I let Archie and Abbey be separated? Doesn't make good sense to me. And - WHAT, prey tell, would I do with Tinker??? He's scared to death of EVERYONE except me. What do you do in a case like that?


A friend of mine has two King Charles Cavalier spaniels, they have one person who is willing to take them and they will also get a substantial amount of money for their care. They made it sound so easy. 

I know it's important to have these plans in place...so now I'll panic over this for a while. :w00t: 

So what are your plans if something happens to you?


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## Nikki's Mom (Feb 13, 2008)

I don't have a will, but I have an "In Case of Emergency" sheet that I keep in my home and in my car. The sheet contains very detailed info about Nikki - her food requirements, her medical info, her training, habits, etc. 

I have listed on that sheet contact info for family and friends who might possibly take Nikki. I even list a friend from Spoiled Maltese as a contact, in case there is no one else willing to take her. I haven't thought about leaving any money in trust to provide for her care, but I should probably think about that, too. 

Thanks for starting this topic, it's a good one.


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## jenniferhope423 (Jun 25, 2007)

I'm only 24 and have no will. BUT if anything were to happen to me my parents would take Bailey. They spoil her just like a child and I know that she would be very well taken care of with them. My only concern is that if we were all together and God forbid something were to happen to all of us like a car accident or something. I don't know what would happen to my baby then. Honestly I have NO family members that I would trust to take care of her. My grandmother would take wonderful care of her but at her age I couldn't depend on her to. I suppose I do need to think of some way to convey my wishes for Bailey if something happened but I don't have anyone to put to take her. My main concern is that she would be treated like I treat her. To me she is my baby, not a dog and she would need to be given lots of love and attention


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## jenniferhope423 (Jun 25, 2007)

QUOTE (Nikki's Mom @ Jan 18 2010, 07:19 PM) index.php?act=findpost&pid=874971


> I don't have a will, but I have an "In Case of Emergency" sheet that I keep in my home and in my car. The sheet contains very detailed info about Nikki - her food requirements, her medical info, her training, habits, etc.
> 
> I have listed on that sheet contact info for family and friends who might possibly take Nikki. I even list a friend from Spoiled Maltese as a contact, in case there is no one else willing to take her. I haven't thought about leaving any money in trust to provide for her care, but I should probably think about that, too.
> 
> Thanks for starting this topic, it's a good one.[/B]


What a wonderful idea. Would you mind posting or PMing me what you have on your sheet. I would love to do that for my baby.


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## Cute Chloe (Nov 30, 2009)

Only the good die young....so Chloe doesn't have to worry about outliving me.


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## pammy4501 (Aug 8, 2007)

Wow, Pat, this is an excellent topic. It has actually been bothering me ever since Lola has been sick. I have shown both of my girls how to do her meds if I am ever unable to get home for some reason, but what if something did happen to one or both of us? And how would Lola be provided for financially with her special needs? We really need to put this in some type of legal document, a will I suppose is best. Has anyone tried Legal Zoom.com? Or is it best to engage an attorney? Where is our legal dept? LawGirl or Godiva Goddess, could you please weigh in?? What is the best way to provide for our "kids" if we are suddenly gone?


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## Bonnie's Mommie (Mar 2, 2006)

In my will, money is set aside for Bonnie's care, along with her sitter's name, groomer's name, vet, etc. She has a good home, in case of my demise.


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## Johita (Jul 10, 2009)

No, but this is a good idea. Must get working on that soon.


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## silverhaven (Sep 6, 2009)

No, in fact we are only just doing up a will right now. Should probably include Lola. I am not too worried though. Each one of my 3 kids would love to have her and would make sure she was well looked after. They would get the money anyway.


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## Nikki's Mom (Feb 13, 2008)

Here is the sheet I made up. I modeled it after something I read in Jan Rasmussen's book or on her website. I hope this helps.


*Emergency Information for our dog

This dog belongs to:
Dog's name:
Date of birth:
Weight:

Nearest Emergency Veterinary Clinic: 

**ASPCA* *Animal* *Poison* *Control* *Center** (open 24 hrs) 888 426 4435**

*Veterinarian: *

Medical Condition: *

*Current Medicine*

*Nearby friends *

*Breeder:*

*Location of leash, harness and carrier: *

*Location of grooming supplies/medicines, etc.: *

*Sleeping Location:*

*Voice Commands:*

*Feeding Instructions: *

*Toilet Habits:*

*Exercise: *

*Travel:*

*Home grooming Instructions: *

*Groomer:*

*Misbehavior: *

*If one of us are killed or severely disabled, the following people should be notified immediately: *


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## michellerobison (Dec 17, 2009)

What an excellent topic. I've been wondering about that myself,since at this point my in-laws are listed to take care fo our babies and recieve money for their care. But they're in their mid and late 70's so now we must think of someone else. My parents are out,mom is in a nursing hime w/ Alzheimers and my father (as seen in previous threads about family members hating dogs) is a total jerk that tries to hit and kick them and would have them euthanized on the spot. Sometimes I think no one would care for them like us,with the exception of many of the fine folks on this forum.

I feel so deeply about this I told my husband I'm not sure I would get any more pets after these sweet babies go,just because I'm afraid of their future if something happened to us. That takes a lot fo me to think that since I dearly love dogs and can't imagine not having their sweet faces in our lives.

Didn't Leona Helmsley leave her Malt Trouble a boatload of green in her will,for her continued care? I found this.


Trustees Begin to Parcel Leona Helmsley’s Estate 

By SAM ROBERTS
Published: April 22, 2009 
The first $136 million from the hotelier Leona Helmsley’s disputed multibillion-dollar estate has been distributed, trustees announced on Tuesday, but the bulk went to medical centers instead of dogs. 

Only $1 million of the estate, valued at about $5 billion, was donated to the care of dogs, which Mrs. Helmsley had designated as her primary beneficiary. 

“This is a trifling and embarrassingly small amount,” said Wayne Pacelle, president of the Humane Society of the United States. “Mrs. Helmsley’s wishes are clearly being subverted.”

After Mrs. Helmsley’s death in 2007, it was revealed that she had drafted a mission statement four years earlier listing two specific priorities for the distribution of her estate. The first was helping the poor, which she struck from the document a year later. The second was to provide for the care of dogs, although she added “and such other charitable activities as the trustees shall determine.” 

In February, a Manhattan judge ruled that the trustees had sole discretion in disbursing her assets and that the entire estate did not have to go to the dogs.

Mrs. Helmsley, whose husband Harry was a real estate magnate, also left $12 million to her own Maltese, Trouble. The disclosure that Trouble was the largest named beneficiary in the will prompted death threats against the dog. 

Another judge reduced Trouble’s trust fund to $2 million; the dog’s security costs the estate $100,000 a year. (The judge also negotiated a $6 million settlement with two of Mrs. Helmsley’s grandchildren who were explicitly left out of her will.)

The grants on Tuesday represented a fraction of the estate. 

Mr. Pacelle of the Humane Society said, “We are extremely disappointed that less than 1 percent of the allocation announced is going to animal-related organizations, and only one-tenth of 1 percent is going to animal welfare organizations.” 

“We are in touch,” he continued, “with the interested parties and are hoping to have a satisfactory resolution — a much larger percentage than 1 percent.”

The biggest beneficiary was a digestive diseases center at New York-Presbyterian/Weill Cornell Medical Center, which received $40 million. Mount Sinai Medical Center received $25 million to create a Helmsley Center to study the electrical properties of cells and tissues and $10 million for a Helmsley Inflammatory Bowel Disease Center. 

The $1 million for animal rights and welfare was divided equally among 10 charities, including the A.S.P.C.A. and Guide Dogs for the Blind.

An additional 43 grants were distributed to educational, conservation and anti-poverty programs. 

Among about $15 million to health care groups in South Dakota was $3.5 million for Abbott House Foundation, which runs a center for victims of sex abuse. The Juvenile Diabetes Research Foundation received $2.5 million, and $2 million was given to endow a scholarship at the Cornell University School of Hotel Administration. The National Geographic Society received $750,000, and City Harvest, Citymeals-on-Wheels, Common Ground, the Doe Fund and South Brooklyn Legal Services each received $200,000.

The trustees of the Leona M. and Harry B. Helmsley Charitable Trust are Mrs. Helmsley’s brother, Alvin Rosenthal; two of her grandsons, Walter and David Panzirer; one of her lawyers, Sandor Frankel; and her friend John Codey.

The trustees, in a prepared statement, said, “Throughout their lives, the Helmsleys were committed to helping others, through the innovations of medical research.” They did not address the controversy over dogs.


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## michellerobison (Dec 17, 2009)

I suppose my step son would try to take care of them,granted he'll need someone to help him w/ money,he can't manage money worth a darn. He does take good care of his dog,the one he has now. That says a lot since in the past many of his dogs died or got very sick or he'd just give them away.

But somewhere he found his humanity and he treats his latest dog like the precious being that she is. He found her at a truckstop,someone was trying to get rid of her. He keeps her well fed,good gourmet dog food,keeps her clean,she is pretty obendient,as he tries to work w/ her. so maybe it's not hopeless to find someone to love our kids. He plays w/ our kids when he comes off the road.

It's a sobering thought,"who will care for my furbabies" when we're gone... People generally expect someone,even the state to render some sort of care for children but they don't have any facilities in place for furries....

An excellent topic indeed!


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## njdrake (Apr 23, 2007)

QUOTE (Nikki's Mom @ Jan 18 2010, 08:19 PM) index.php?act=findpost&pid=874971


> I don't have a will, but I have an "In Case of Emergency" sheet that I keep in my home and in my car. The sheet contains very detailed info about Nikki - her food requirements, her medical info, her training, habits, etc.
> 
> I have listed on that sheet contact info for family and friends who might possibly take Nikki. I even list a friend from Spoiled Maltese as a contact, in case there is no one else willing to take her. I haven't thought about leaving any money in trust to provide for her care, but I should probably think about that, too.
> 
> Thanks for starting this topic, it's a good one.[/B]



Susan that's a wonderful idea! I need to do that. Right now I have one of the small file folders with medical records, papers, and anything I might need in it. I keep it together so when I travel I can take it with me. 


Pat, my husband and I have talked about this several times. We are planning on adding the girls in our will so they'll have their own money if something happened to us. I want to know they're going to be taken care of.


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## Moxie'smom (Dec 16, 2007)

I am making up a pet trust. I believe the ASPCA has forms for this. When i find the link I will post it.

here it is:
http://www.aspca.org/pet-care/pet-care-tip...ust-primer.html


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## jmm (Nov 23, 2004)

Soda and Roo go to a good friend who is a licensed veterinary technician (so I can assure any medical needs are met - Roo has a laundry list of them). 

I have 2 friends who have dogs left to me in their wills. Be sure to ask the person and make sure they are truly capable of taking on those added pets (especially if you are not leaving financial help). If your dogs have any serious medical conditions, be sure the person is capable of handling it.


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## donnad (Aug 22, 2006)

Just recently I asked my sister if she would take care of Chloe if something happened to me and she of cause said yes, but she didn't want my two cats  . (she doesnt' like cats) I told her she couldn't have Chloe then because they are a package deal. My daughter said she would take care of them all  

I am in my Landlord's Will that if his son predeceases him, I get his two dogs. He also left me money to take care of them and half the proceeds of the house.


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## cyndrae (Aug 30, 2009)

This is a great post. I have a goal to work on the will this year and will add Lilly to the list.


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## heartmadeforyou (May 16, 2009)

Wow. Excellent post. I'll have to do some thinking and planning for Bogie...


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## mom2bijou (Oct 19, 2006)

I am leaving my convertible to Benny  :HistericalSmiley: 

I haven't officially made a will but I have told all my family members that B&E are NEVER to be separated. If something happened to me DH would obviously take care of them...although I would imagine the poor fluffs would get shaved down. :shocked: If something happend to us both then my in laws would take them. My mother would but her dog really isn't a B&E fan. I'm counting on all my SM friends to help w/necessary guidance for food, grooming, etc. Please relay all those important facts to DH or my in laws. Otherwise they will be eating alpo! :shocked: 

In all seriousness though...I plan on creating documents detailing their care, medical history, important contacts, etc. Financially they would be provided for. And of course I will always be watching over them from up above. :wub:


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## The A Team (Dec 1, 2005)

Suzan, this is an invaluable tool. Thank you so much for sharing it with us. I still don't know who would take Tinker though and this is bothering me a lot.

QUOTE (Nikki's Mom @ Jan 18 2010, 09:13 PM) index.php?act=findpost&pid=875008


> Here is the sheet I made up. I modeled it after something I read in Jan Rasmussen's book or on her website. I hope this helps.
> 
> 
> *Emergency Information for our dog
> ...


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## Hunter's Mom (Dec 8, 2008)

Many people choose to create wills to include their pets and this has been recognized over and over again by courts in many states. However, as a word of caution. You cannot directly leave an item to a pet (i.e. Tammy - you can't leave your convertible to Benny - but you can leave it to friend X so that she may have a vehicle to care for Benny). This is why it is important to create a pet trust. You may place items in your pet trust and the trust is managed by the individual/others who are caring for your pet. Some go so far as to have a trustee who is not caring for the pet in charge of the trust and the person caring for the pet must put in requests for payment from the trustee to care for the pet. Of course, this is usually used in extreme examples where there are millions left for the care of a pet.

It is very important to include either in the will or in a supplemental form all important information such as vet, groomer, medications, etc. Also, you will need to prepare a release of information that will allow your vet to share your pet's history with the new owner (sometimes vets hold themselves to HIPPA regulations - others might not).

It is incredibly important to have these things in place as one can pass away at any time.


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## mom2bijou (Oct 19, 2006)

QUOTE (Hunter's Mom @ Jan 19 2010, 10:52 AM) index.php?act=findpost&pid=875190


> Many people choose to create wills to include their pets and this has been recognized over and over again by courts in many states. However, as a word of caution. You cannot directly leave an item to a pet (i.e. Tammy - you can't leave your convertible to Benny - but you can leave it to friend X so that she may have a vehicle to care for Benny).[/B]


Darn...Benny will be bummed. But now I think I may have some friends who will want to be B&E's guardian if they get the car LOL.


Good post Erin. Very informative. :goodpost:


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## Toby's Mom (May 7, 2004)

We don't have a will, but my family knows what to do with Toby should something happen to us. We have a friend who is willing to take him and I know she will give him the care he needs. I feel so fortunate that she is willing to do that for us. :wub:


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## Nikki's Mom (Feb 13, 2008)

I just spoke with a friend about this over coffee. She would definitely take Nikki. Nikki adores her. I told my friend about Spoiled Maltese so she would have a resource to use if she ended up with Nikki. Now you got me thinking about a will, since that is a legal document. 

So Erin, maybe you could answer these questions. I'm really dumb about legal stuff.

1. I have to sign a release of some sort for the vet to turn over records to my friend or a family member? Do I create a release form and have it notarized to put into Nikki's file at the vet? Or does the vet have a form for me to fill out?

2. I should create a trust fund which will be made available to a designated beneficiary for Nikki? What if that beneficiary dies? Is there a way to include three beneficiaries in succession? (That may be overkill, but you never know.) 

Thanks.


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## Furbaby's Mommie (Jul 10, 2004)

Very good info.!!

What about the breeder? Shoni's breeder has wordage in the orig. contract about if we can't care for him, he goes back to her. :mellow:


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## Canada (Jun 4, 2009)

QUOTE (Furbaby's Mommie @ Jan 19 2010, 01:03 PM) index.php?act=findpost&pid=875237


> Very good info.!!
> 
> What about the breeder? Shoni's breeder has wordage in the orig. contract about if we can't care for him, he goes back to her. :mellow:[/B]


Excellent point! Maybe you could ask the breeder what he/she would like? 
Maybe some breeders might allow the dog to go to a different home 
if we could show them that the dog would be well taken care of in the new home??


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## cleooscar (May 28, 2008)

Good post. :thumbsup: We don't have a will and jave no designated caregiver for the 3 furbabies. Something to think about (and do something about it!).


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## Katkoota (Feb 18, 2006)

I don't have a real Will, but my sister knows so well where I want for my babies to be if something was going to happen to me. She also knows how to take care of the malts, their routines, what they eat, what do they like and dislike...etc She knows them so well  They love her too. Now I am thinking, I should ask her to join SM too lol here is the place where she can also find the malts' online dear pals :wub: 

There are some great points in this thread :thumbsup: I love it coz it gave me some ideas to what will also be useful to do; thanks guys and thanks Pat for starting this ^_^

Kat


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## The A Team (Dec 1, 2005)

QUOTE (Furbaby's Mommie @ Jan 19 2010, 01:03 PM) index.php?act=findpost&pid=875237


> Very good info.!!
> 
> What about the breeder? Shoni's breeder has wordage in the orig. contract about if we can't care for him, he goes back to her. :mellow:[/B]



Holy cow! I never thought of that! I better get Ava's contract out and re-read it.


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## Cosy (Feb 9, 2006)

I asked Cosy where she would like to go if the occasion arises. She stated she would be happy
with anyone who would keep her food bowl full and let her have bites of their dinner sometimes.

It's a tough decision to make since no one (we think) can love our dogs like we do, right? It's that bonding
thing.


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## Nikki's Mom (Feb 13, 2008)

As a result of this discussion, I talked to two people- a close friend who lives nearby, and my niece in Florida, who assured me that they would take Nikki if something happened to hubby and me. I also have two backup friends who I am waiting to hear from. And in my instructions, I also provide the info for Spoiled Maltese forum, too, in case the person who took Nikki in needs help. 

I'm glad you started this thread. I don't have kids, so I don't really think too much about a will or about leaving my stuff to anyone. I really don't have anything of value anymore, except for my hubby and Nikki - who as well all know, is priceless. :biggrin: I started thinking about some of those senior dogs on Petfinder whose owners died, and how they ended up in bad homes or shelters perhaps due to the owner neglecting to make an advance plan.


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## maggieh (Dec 16, 2007)

I've been thinking about this off and on but now I feel like I really have to make a decision here. No one in my family likes small dogs. My nephew loves dogs - big dogs that can be outdoors a lot so that won't work. Most of my friends love my kids but think I go a bit over the top sometimes - for example, they think car seats are silly. That leaves one friend who already has two shih tzus but she's really the only person I trust to take care of Sweetness and Tessa. I guess I better talk to her . . .


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## MORGANM (Jul 6, 2009)

We do have Martini and Oreo in our Will and they will go to my great-grandmother. The only problem is that she is 90 years old so if she can't care for them they would go to my mother.

Great topic, I am still considering a trust for the dogs care.


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## godiva goddess (Nov 19, 2007)

The simplest way to ensure *quality* of care for your pet is to set up a pet trust. Just naming a caretaker of your pet in a will document will only devise that person to take ownership of your dog, but there is no way to ensure the dog's care as per your standards. A pet trust gives the settlor (you) most power in terms of how you would like your dog to be taken care of, and the trustee is held to certain fiduciary standards. Generally speaking, when you simply devise your dog to a person in your will, you are in essence giving that person all the rights/ownership of your dog and you lose "control." (e.g., that person can sell your dog 5 yrs later without any recourse). I assume that most SMers are deeply concerned about the healthy and happiness of our dogs so a pet trust is the best route. 

Trust and Estate laws varies by state so you should consult a local estates lawyer. Pet trust is not complicated but I personally do not have confidence in those "legal zoom" or "one size fits all" will/trust making programs. Ask any lawyer, and you will know how often estates are being litigated over..As a litigator myself, I can attest that it is not pretty, to say the least. It is always smart to do it once, and do it right. After all, the purpose of trusts and wills is to give us (and our families) a peace of mind. 

It is important to note that it is not always necessary to name your pet in your will, as trusts and wills can be probated separately. More importantly, depending on your own financial situation, it might_ or might not_ be wise to mention the trust in the will as it might create an intervivos trust issue (i.e., estate tax problems).


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## pammy4501 (Aug 8, 2007)

QUOTE (godiva goddess @ Jan 20 2010, 06:51 PM) index.php?act=findpost&pid=875767


> The simplest way to ensure *quality* of care for your pet is to set up a pet trust. Just naming a caretaker of your pet in a will document will only devise that person to take ownership of your dog, but there is no way to ensure the dog's care as per your standards. A pet trust gives the settlor (you) most power in terms of how you would like your dog to be taken care of, and the trustee is held to certain fiduciary standards. Generally speaking, when you simply devise your dog to a person in your will, you are in essence giving that person all the rights/ownership of your dog and you lose "control." (e.g., that person can sell your dog 5 yrs later without any recourse). I assume that most SMers are deeply concerned about the healthy and happiness of our dogs so a pet trust is the best route.
> 
> Trust and Estate laws varies by state so you should consult a local estates lawyer. Pet trust is not complicated but I personally do not have confidence in those "legal zoom" or "one size fits all" will/trust making programs. Ask any lawyer, and you will know how often estates are being litigated over..As a litigator myself, I can attest that it is not pretty, to say the least. It is always smart to do it once, and do it right. After all, the purpose of trusts and wills is to give us (and our families) a peace of mind.
> 
> It is important to note that it is not always necessary to name your pet in your will, as trusts and wills can be probated separately. More importantly, depending on your own financial situation, it might_ or might not_ be wise to mention the trust in the will as it might create an intervivos trust issue (i.e., estate tax problems).[/B]


As always Alice, your advice is excellent!


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