Hunkering Down with the Horses

Dartagnan in the snowThe wind came rolling down the canyon, rustling the pines and then spreading out along the flattened area where the horses would normally be grazing. We had been told a big snow storm was coming, perhaps even a blizzard. I had put hay in the two barns, hoping to encourage the horses to seek shelter in either one. Instead, I watched as the horses moved in a way that looked like they had been assigned places in the pasture. As if choreographed by some voice I could not hear, they turned their hindquarters to the wind. Then, they dropped their heads low, almost reaching the ground. They stood close enough to be companionable but not in a way that any of them touched each other. Then, they waited. There was no anxiety among them. No frantic whinnying. No white-eyed fear. They knew, deep in their bones, what to do. Turn away from the storm, drop their heads to protect their eyes and ears and noses from the wind and snow, and wait it out. The horses knew the storm would end.

I have learned many things from horses during my 20 years of researching the horse-human relationship from within Indigenous worldview, and I will be sharing many of them on this blog. One of the most important things I have learned is to listen to the horses. Listening doesn’t mean just with the ears. It means listening to their entire being, to their herd, to the way they interact with life without projecting anything onto it. I have seen horses react in stressful situations such as evacuating from a wildfire. I have seen them need to be removed from fencing in which they have gotten tangled. I have seen them give birth, and I have seen them die. They have lessons they can teach us for this time of pandemic. The one I write about today is to be quiet, go inward, and know that the storm will end.

Mustang furMustangs, horses of the Land, were especially made to weather storms. Their tails have a very low set, which allows it to cover the space between their back legs, keeping them warm. They have smaller ears, meaning there is less surface area to allow heat to escape. They grow thick coats that catch snow and ice on the ends of their fur and keeps their skin warm and dry. These are the tools they have, and they use them successfully because where they live, there are no barns and rarely any trees under which to shelter.

The horses teach us how we can weather the COVID19 storm. The biggest thing they are teaching us, a lesson that many people still are having a hard time listening to, is to hunker down and wait it out. Not to panic but to do the things we know we need to do until the storm is over. The horses don’t see storms as a disruption to their lives. They recognize that storms are a part of life. Illness is a part of our lives. It always has been. We have become complacent due to modern medicine but COVID19 is a wake-up call. We now have the opportunity to adjust our lives when this storm passes so that we learn how to live with and survive the storms of illness.

We have the ability to weather this storm because we can stay in our homes until this storm is over. We can work from home or we can take this time and do the things we always say we are too busy to do. We can read, exercise, talk to friends and family via the Internet, write poetry, learn a musical instrument, and the list goes on. If we are essential and must work outside the home, then we can come back to it as the safe haven that it is. We have the tools to hunker down. We simply need to recognize them and use them.

When the horses hunkered down for that storm in their pasture, they didn’t know how bad it would be or when it would end. They simply knew that no matter how bad it got, it would end. While we know that this pandemic will become a severe storm, a blizzard, we also know that it will end. And when it does, we will be changed, individually and as a herd. What we do with that change is up to us. Hopefully, we will learn from the horses so that we will be prepared for other storms.

Horse Trusts

As the COVID19 pandemic spreads, I have seen people on social media ask how they can make sure their horse is taken care of in case they are unable to do so. We are facing a reality many of us have never wanted to actually face. But here we are. As someone works with fearful riders, I know that if we can face what we are afraid of, we can handle what most concerns us.

Many people say they have talked to a friend or they have written some informal agreement. For example, I know of a nurse who asked a good friend to take care of her horse is anything happens to her. There is a legal document that allows you to plan for your horse’s future in the event you are incapacitated or die. That document is called an horse trust, and you can have one for every animal in your family, not just your horse. Currently, every state and the District of Columbia had some form of legislation that allows for animal trusts. While an animal trust is a stand-alone document so it doesn’t need to be included in your estate plan, it is a good idea to let your estate planning attorney know that you have or want one.

Horses as Property Under the Law

Under the current law in every state, horses are considered property. This means someone cannot legally step in and take care of your horse if anything happens to you because they do not own your horse. For example, if you are in a coma and your riding buddy decides to move your horse to a less expensive boarding barn during that time so she can take over board payments for you, she could be charged with theft, no matter how good her intentions. She also could not access your checking account to make the regular monthly board payments needed to keep your horse where it’s currently boarded. She would literally be helpless to intervene if the barn owner decided he had to file legal papers to seize your horse and then sell it to pay for unpaid boarding costs if several months went by while you were incapacitated and unable to take care of things. We all would hope that a boarding barn owner would understand but sometimes that isn’t the case.

Horse Trusts

The way around this problem is to create a horse trust. The trust becomes active if you are incapacitated or when you die. Once you are no longer incapacitated, it is no longer active and returns control to you to handle matters concerning your horse.

A horse trust gives you the ability to provide funds for your horse’s care and to include specific instructions concerning that care. When you set up the trust, you set aside enough money in it to take care of your horse in the manner you prefer. How much money should you put into the trust? It depends on how long you want it to last. Write down a monthly budget that shows how much it costs to take care of your horse. Then decide how many months you want to provide care. For example, you may want to provide care for six months and then have a provision that if you have not regained capacity by then, you want your horse sold to someone or given to a specific person. If you want your horse taken care of after your death, you could put in enough money to care for him for several years. Make sure that the amount is reasonable, though. While horse trusts are generally not challenged in court, an argument could be made to reduce the amount you have left for care if one of your relatives or someone you left an inheritance to claim that the amount to care for your horse was excessive. Keep in mind that you can add money to the trust. So start with what you can afford and add more if that works best for your budget.

A horse trust also allows you to name a trustee, which is the person who will take care of your horse if something happens to you. You can be as specific or general as you want concerning that care. You can leave it up to the trustee, or you can put in specific provisions you want the trustee to follow. For instance, you can include directions concerning where your horse is stabled, how she should be fed, and additional instructions about the farrier and vet visits. You can even stipulate specific things such as how you want your horse to be blanketed and special treats she should get fed. It’s always a good idea to talk to the person you want to name as trustee before you set up the trust, to make sure she can take on that responsibility and is comfortable following your directions for your horse’s care. Depending on your state, there may be other people included in the trust, such as a vet who makes sure the horse is being taken care of properly.

attorney lawyer massachusetts online affordable convenient massachsuettsUse equine law as a tool to help you. When you decide you’re ready to create a horse trust, contact an equine or animal lawyer in your state so you can be sure the state’s legal requirements for the trust are met. If you are a Massachusetts resident, please feel free to contact me to discuss one. During the COVID19 epidemic, I am providing free horse trusts if you need me to draft or update an estate plan for you and at a discounted fee if you just need the trust. If you don’t live in Massachusetts, I may be able to refer to an attorney in your jurisdiction. Be sure to revisit the trust every year to make sure the funds you’ve set aside are still adequate and to make sure you don’t want to change any of the instructions for your horse’s care. Then enjoy the peace of mind knowing your horse will be taken care of if anything unexpected ever happens to you.

Stay safe, stay healthy, stay compassionate.

This blog post is for educational purposes only.  It does not create an attorney-client relationship.  Seek an attorney’s advice for your specific situation. 

 

Cybercriminals and new scams

As an equine horse professional and business owner in the digital age, you have to be careful of scams that happen in your business dealings online. For example, we all know to be careful when buying a horse in person. Is the horse lame? Is the seller being honest about the horse’s training? But you need to also consider email scams when doing business. The latest email scam is one that could easily hit the horse world and hit it hard.

According to a recent NPR story, cybercriminals are engaging in new email scams. These scams involve someone hacking into an email conversation. They monitor the conversations and then wait for an opportunity. When they see one, they pretend to be a person involved in the conversation. The opportunity usually involves a monetary transaction. The scammer provides information concerning where to send the money, and before the person knows it, they have paid the scammer instead of the legitimate party

Here is how the scam would work in the horse world. You find a horse advertised online that you buy for yourself or a client. You and the seller wind up negotiating the sale of the horse via email. Unbeknownst to you, the cybercriminal hacks into your email conversation. He or she waits until you are about to send the money and then pretends to be the seller. The directions you get for the payment are coming from the cybercriminal, not the seller. You send the money, thinking the seller is all set. When you check with the seller to confirm receipt of the money, you see that the money has gone to the cybercriminal and is probably out of the country and irretrievable.

The best way to avoid such a scam is to call the seller to discuss payment and to get payment instructions. Any conversation that might lead to a scammer getting confidential information or involving bank information should be conducted by telephone. Having actual discussions can lead to a greater level of security for your business transactions.

 

 

Equine Law Explained

When I tell people I am an equine attorney, a lot of people think I represent horses in legal actions. That’s not quite how it works, although I hope that horses benefit from the work I do with humans. An explanation of equine law might help explain the wide breadth of this area of law and what I can do for you.

Equine law focuses more on the community it serves rather than a specific area of law. As an equine attorney, I work with people who have horses in their lives. My clients can run the gamut from a person who has a horse in the backyard as a companion animal to someone who competes at the national and international levels. I work with individuals and companies, both for profit and non-profit, who are involved in the horse industry. These people have different legal needs depending on their role in the horse world. Some of the people who require equine legal services include horse trainers, riding instructors, boarding barn owners, clinicians, breeders, horse sellers, professional riders, horse purchasers, equine vets, horse chiropractors, and horse massage therapists.

In order to meet the various needs of the horse community, equine law encompasses several areas of law. Business law applies to many horse-related activities, especially when dealing with contracts. The horse industry has historically conducted business “on a handshake,” but that leads to many problems. Contracts are a way for all parties involved to make sure everyone has the same understanding concerning the transaction. Some of the contracts necessary to the horse community are boarding contracts, sales contracts, breeding contracts, and liability releases. Business law also applies if a person wants to create a company or a nonprofit. Many horse people are great with horses, but not with the business side of being a horse professional. Hiring an equine attorney allows you to feel confident that you have picked the right business structure and that your business has been set up properly. Because of my experience as a horse professional, I also provide consulting services for equine business owners.

Another very important area for equine business owners is trademark law. If you want to protect your brand, and by that I mean your business identification not your horse brand, then you should register your name, logo, slogan, or something similar that lets people recognize your business. Registering a trademark can be tricky because it’s not an automatic approval process. I provide a search and analysis for horse businesses as well as registration services. If you tried to get your mark, and the United State Patent and Trademark Office denied your registration, I also respond to Office Actions after discussing the issues with you to see if there is a chance we can get you your mark.

A lot of horse people are writing books and creating DVDs. In addition, equine photography is a growing field in the horse industry. These creative horse people need to protect their work with copyright registration. It’s true that you own the copyright as soon as you create a work. However, you can only enforce those rights in court if you have an approved registration of your work with the US Copyright Office.

Estate planning is an important legal area to include when thinking about equine law. In Massachusetts, an individual can have a horse trust, which ensures that a horse or horses are taken care of if the owner is incapacitated or dies. You may think your will is all you need in those situations, but a will has no effect if you are incapacitated, and it must go through probate before it can take effect when you die. Money and other assets are not available until the will is probated, which can take several months or even years. A horse trust gives you peace of mind that your horse is taken care of as soon as you are incapacitated or during the time your will is probated. In addition, Massachusetts has an estate tax unlike most other states. If you own horse property, you may hit the $1 million amount that triggers the tax. I have solutions for you to save you on estate taxes so that more money can go to your beneficiaries.

There are only about 100 attorneys in the country who practice equine law.  To be a good equine attorney, the person should obviously be a good attorney but she should also have a solid working understanding of the horse industry.  The more experience an equine attorney has around horses, the better she will be able understand the many scenarios that can happen and she will be able to craft solutions to avoid problems or to handle them if they arise.

Joanne L. Belasco, Esq.I practice preventive equine law, which means that I work with clients to avoid problems that may lead to litigation.  When you talk to me about your legal concerns, I understand your problems because of my experience as a horse professional and personal horsewoman.  An attorney without knowledge of horses and the horse industry is not able to understand basic terms and broader situations that we, as horse people, do. You don’t have to spend time explaining basic concepts to me, such as your horse colicking, because I know the term and have gone through the experience myself with my horses.

Contact me today, and we’ll set up a time to see how I can help with your equine legal needs.

Brand Your Company

You know that the reputation of your business can mean the difference because success and failure. In this blog entry, I am going to explain how registering your trademark is an important way to protect your professional reputation. If you don’t protect your brand, someone can use your name, logo, or slogan, and you can’t stop them. Someone could also use your name, logo, or slogan and hurt your business by doing disreputable business.

Two Trainers, One Stolen Logo

I once knew someone – we’ll call her Sally – who moved cross country after riding with a trainer – we’ll call her Mary – for years in Florida. Sally started to search for a new riding horse in her new home. She came across a horse on a horse sales website that interested her and went to the listed website to learn more about the horse and the person selling the horse. She was shocked at what she found. On the main page of the website was the logo for Mary’s barn! It was flipped, as if appearing in a mirror, but it was clearly the same logo. Sally knew that Mary’s brother had hand drawn the logo several years before. She immediately contacted Mary to tell her about the stolen logo. Mary was a highly-successful trainer so she said she wasn’t worried about it. She said that no one would confuse her training services with the trainer who had stolen the logo. Besides, Mary lived all the way across the country. Sally never pursued the horse that led her to the website. She figured if that trainer would steal a logo, what else would she do that was dishonest.

Hurting Your Business

Mary didn’t think there was a problem with the other trainer using her logo because Mary was a higher-level and more famous trainer, plus she lived across the country. But such thinking can leave a business open to problems. What if Mary decided she wanted to expand her training to that area? What if people looking online simply assumed that Mary and the trainer who stole her logo were somehow affiliated and that trainer engaged in deceptive practices? Or was a bad trainer? Or abused the horses under her care? Mary might be losing clients and gaining a bad reputation without even knowing it.

Trademark Registration

Mary could have prevented these problems by registering the logo with United States Patent and Trademark Office (USPTO). The USPTO defines a trademark as a “word, phrase, symbol or design, or a combination of words, phrases, symbols, or designs, that identifies and distinguishes the source of the goods of one party from those of others.” If Mary had a registered trademark, then she could have had an attorney force the trainer to take it off her website, either through a cease-and-desist letter or a lawsuit.

You may have heard that you should brand your company. Branding your company is a way of identifying your business and setting you apart from your competition. Registering a trademark is an important part of branding. Why? Because one of the main issues the USPTO considers when determining if a trademark should be granted is whether it creates confusion in the marketplace. Let’s say you want to start a fast food restaurant and call it McRonald’s. Your chances of getting that trademark approved are slim to none Why? Because McDonald’s, the famous fast-food restaurant, already has that name trademarked. Allowing for two similar trademarks in the same business would cause confusion in the marketplace.

What happens if you don’t register your trademark? Well, someone else could register the same or similar name. That may not seem like a big deal but think of this. Once someone has a registered trademark, they can enforce it by issuing cease-and-desist letters to companies that are using their trademark. They can even take that company to court. Let’s say you are using a certain business name and another company trademarks it. Even if you can avoid court, you will have to rebrand. What does that mean? You have to choose a new name and reform your company with that new name. You have to change all of your merchandise to the new name. You have to let your customers and clients know. It can be a very expensive and time-consuming endeavor, as you might well imagine.

Save yourself the time, money, and headache. Contact me today so I can talk to you about the registration process help you protect your brand.