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Recently, billionaire Leona Helmsley made news after her death by bequeathing $12 million dollars for the care and upkeep of her dog, Trouble. Opinions varied from outrage to amusement and a legal battle was narrowly averted when a New York court reduced that amount to a mere $2 million. It is only natural for pet owners to be concerned about the well-being of their four-legged companions, especially if the owner happens to die first. But the unfortunate truth is that many pet owners attempt to leave an inheritance to their pets instead of money for their pets. This simple error could mean your request won’t be met by the probate court. Pets cannot receive an outright bequest of property from a will because animals are considered property themselves. So, leaving money directly to one or all of your pets is not permissible. And, setting up a trust for your pet is not an option because no human beneficiary enforces the terms. Simply put, who will go to court to make sure that your pet is getting the right dog food and that the trustee has not bought a new car with your money? Sadly, there is always the possibility that the probate court, when reviewing your will, could find that your generousness is “capricious” or “frivolous”. Fortunately, there is good news for pet owners who are concerned about caring for their pets who survive them. Following a few guidelines will allow your attorney and the courts to carry out any wishes for your pets.
First, create and carry an “Animal Card” so that if you are injured or die unexpectedly, emergency personnel will know that somewhere a pet is waiting and relying on your return. List the pet’s name, type of pet, location, and any special care instructions. Having your veterinarian listed is also highly recommended. Next, if you plan on providing for your pets after your death, name a human beneficiary who will receive funds to cover the pet’s expenses and be your pet’s caretaker. Although painful to deliberate, your will should provide some instructions and resources for the final resting place of your pet at the conclusion of its life. Many courts will not enforce a “euthanasia order” for your pet due to public outrage and many consider it to be an act of cruelty.
As with all things legal, you should discuss your wishes with an attorney who knows your state’s laws for pet trusts. Some states do allow owners to leave money for pets in honorary trusts, but these are completely unenforceable. Legal experts caution that your wishes could go unsatisfied. As more people keep pets later in life and veterinary medicine continues to advance our pets’ life spans, there is a real possibility that your pet could outlive you. Proactive measures can insure that your pet is not left unattended in the event of your death or disability. Your estate attorney can help organize the best plan for your means. Additionally, your veterinarian may have resources detailing organizations that offer homes for pets who survive their owners.
To keep up to date with all the latest pet health information, visit www.MyVNN.com.
Sara Lash, DVM
Healthy Pets Mobile Vet
www.drsaralash.com
919-329-7387 (PETS)
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