Providing For Pets In Estate Planning

Just back from a great LONG vacation.

Today Wills.Trusts & Estates Prof Blog has some current resources on pet trusts.  Colorado has had a statute authorizing and clarifying pet trusts for some time now.

In many instances, my clients find that a pet trust is more complex than they have in mind.  When a full-fledged pet trust seems like overkill, there can still be other planning techniques that provide for a pet.  Some things to consider when planning for pets include:

(1) Should the plan include a particular pet or any pets you may own at the time of your death?
(2) Does your pet have a lifespan that could outlive any individual caregiver or trustee you might name now?
(3) Do you need to separate the money matters of pet care from the actual caregiving duties? 

Whatever you do, take measures to ensure that your plan for your pet is known to those who might have first access to your home after your death.  It's very frustrating to be called into an estate where the family members or landlord or someone else who first got into the home took the pet and immediately turned it over to the humane society.  These people can have the best of intentions to see that the pet is not neglected, but they need to know that you have someone who can take your pet if you become ill or die. 

If you can't think of anyone who will help your pet find a home, contact your local humane society.  Many of them have a service to care for pets where the owner has died.  Usually they ask that you leave them something in your estate plan to compensate them for that service.

 
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Comments

  • 8/17/2011 7:50 AM Barry Seltzer wrote:
    We think blog articles of this type are necessary and beneficial.

    We believe that animals humanize us and remind us of our obligations and responsibilities to each other. Our intention was that our book, ‘Fat Cats & Lucky Dogs’, would be a vehicle for sharing information and ideas with the general public; for providing guidance to those who would like to explore planning possibilities for their families and pets; and for stimulating people to take action while they are able to do so.

    The main reason we wrote the book was to bring these considerations, among others, to the minds and hearts of as many people as possible to encourage their participation in improving the care and comfort of all species with which we inhabit our planet (including companion animals). Our goal was to secure the widest distribution of this transformative information as possible.
    We believe our book is of value to everyone concerned with companion animal care and would be of significance for all animal lovers.

    Sincerely,

    Barry Seltzer & Professor Gerry W. Beyer

    A few observations about ‘Fat Cats & Lucky Dogs’

    I have received .... a copy of your book, Fat Cats & Lucky Dogs. I look forward to reading it. Thank you for thinking of me.

    Very truly yours,
    JUSTICE SONIA SOTOMAYOR, Supreme Court of the United States

    The book if full of wonderful anecdotes and sound advice. I know I will enjoy reading it.
    Sincerely yours,
    JUSTICE SAMUEL A. ALITO JR., Supreme Court of the United States
    Reply to this
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