Mission Accomplished!!!! Connecticut's Pet Trust Statute

The House passed the proposed Pet Trust Legislation yesterday.  It now goes to the Governor for her signature and I can't think of any reason why she wouldn't sign it.  Assuming that she does, as of October, 2009 Connecticut will join the ranks of many other states and have a Pet Trust Statute on the Books.

Many thanks to Senator McDonald, Representative Lawlor, Representative Morin, Senator Boucher and Representative Hetherington for all of their hard work in getting this Legislation passed.  We will, under a separate posting, post the Law as enacted by the State Legislature.

 

That Much Closer! Connecticut's Pet Trust Statute

I am just back from the Capitol and have encouraging news to report. 

The Senate has voted favorably on the Pet Trust Statute. It now goes to the Floor of the House for action.  We will keep everyone informed.

Potential Positive Delopment in Connecticut's Push to Enact a Pet Trust Statute

Some further development.  Through on-going negotiations, it is possible that the language requiring probate court approval of any Pet Trust may  be removed from the Bill.  For many reasons, including the logistical problems, and the unnecessary expense, I'm very much in favor of deleting this language.  This is on-going and we will keep you informed.

Following the trend, Maryland's Legislature recently enacted a Pet Trust Statute there.  This was nicely reported at www.pettrustlawblog.com.  I encourage all to visit Attorney Meek's Blog where he very nicely blogs about many relevant items for per owners.  Keep it up Dan! 

My hope is that Connecticut will follow the nation's lead, and most recently, Maryland and enact a Pet Trust Statute.  We can then all applaud.

Don't Fall Off The Cliff!!

Connecticut does not impose an estate tax on estates valued under $2,000,000.  Thus, there is a zero tax due on estates valued at $2,000,000 or less.  However, one dollar over the exemption triggers a significant tax.  This is the infamous Connecticut Estate Tax Cliff.  An estate worth $2,000,001 will trigger a tax of $101,700.  Yes, that's $0 to $101,700 in the flash of one dollar.

Certain members of The Connecticut Legislature have attempted to eliminate this problem and have, to date, unfortunately failed.  And frankly, in the present economic climate, it is unlikely that such a measure could be passed. So counting on the Legislature does not make for good present planning.  Don't count on the Legislature, rather look to employ some of the following strategies.

(1)  Make gifts during your lifetime to reduce your estate at or below the $2,000,000;

(2)  Incorporating charitable bequests in planning during life in effect having anything over $2,000,000 paid to a charity or charities; and

(3)  Post-Death Planning can include reducing the taxable estate by legitimately increasing deductions.

These are just a few of the ways the problem is addressed.  Although, it must be addressed in your estate plan.

Those of us thinking that we already have a good plan in place really should have a check-up this year.  Until this year, the Federal exemption and the Connecticut exemption were the same -- they were coupled.  That's not the case now with the Federal exemption at $3,500,000 and the Connecticut exemption presently, and for the foreseeable future, at $2,000,000.  Many plans, with marital planning, are premised on this coupling and should be changed to properly and effectively account for the new difference.