"The original amount was insane," Carlyle says. "That was the big problem with Helmsley and the Posner case in Florida."
Carlyle notes that U.S. pet trust case law is still evolving.
"This is still all fairly new," Carlyle says. "Most of the people who have set these trusts up haven't died yet, so there are not many cases or law to set precedent."
Posner's son and only living child, Bret Carr, has filed a suit challenging her will, claiming that his mother's servers and confidants brainwashed her into changing her will two years ago. While they got $27 million for watching her dog, Bret inherited just $1 million.
"This case is so extreme that the most I could take from it is to urge people who set up a pet trust to proceed with common sense, and above all else, have a dedicated trustee," says Richard Sabra, a partner at the law firm of Ruden & McClosky in Fort Lauderdale, Fla. "I don't think the son has much of a case here, but why leave the door open for what will certainly be challenged?"
Lawyers say the perfect time to make these provisions is when drafting a will or planning the disposition of an estate. In the eyes of the law, pets are regarded as personal property, but they do enjoy certain privileges beyond those of, say, a dining room table.
Ideally, a person will have arranged to have a trusted friend or family member care for a beloved animal. But nothing makes that commitment more firm than tying it to money in the form of a trust, attorneys say. The trustee can be the pet's caregiver, but that does not necessarily have to be the case, they say.
"It's also a good idea to name two or three tiers of successive [caregivers] in case the pet trustee dies or becomes disabled," Carlyle says.
A trust can specify how many times an animal must be fed, groomed, walked and taken to the veterinarian. More typically the pet trustee is given the freedom to make those decisions. The trust terminates when the animal dies. The benefactor can specify where any remaining money is directed after the pet's death. In many cases, it is retained by the caregiver or trustee. Sometimes it is directed elsewhere.
In either case, it's important to find trustworthy people to watch the trust and the pets. For example, Suzanne Walsh, a Connecticut attorney, recalls a case in which a pet caregiver engaged in some mischievous behavior.
The case involved a butler who was charged with caring for a deceased benefactor's cats in a Brookline, Mass., home. To ensure these wishes were carried out, the trustees would visit the mansion every quarter to check on the cats.