Wills and Trusts and Pets, Oh My!

"Yes, I need to put my pet in my will. Or wait... is it supposed to be a trust?"

I'm quoting anyone there, no one in particular.  I could be quoting you! 

The fact is: figuring out how to best include pets in our life and death plans can be overwhelming and uncomfortable.

    But, it's the right thing to do: for your pet, your loved ones, and your own peace of mind.

    And, with the right estate planning attorney, the process won't be as bad as you think... we promise!

Fundamental Differences Between Wills and Trusts:

-Standard wills go into effect after your death while trusts can go into effect as soon as they're created (think, you create a trust with your attorney and on the way home get in a wreck and become comatose- that trust could start working for you immediately... after order from judge granted)

    -Wills pass through probate court. Trusts do not

   -Wills become public record while trusts can be kept private

   -Living wills are different than last wills and pertain primarily to life support and appointing someone to make healthcare decisions for you (nothing in there about your pet is standard)

    -Power of Attorney assigns someone to be in charge of your financial and legal affairs (this does not assure a plan's in place for your pet when you're unable to care for it)

O.K., you have a little more knowledge now so...

   

    Let's loop back around to your pets. 

    Provided that we can agree it's the responsible thing to do to include your feathered or fur friends in your life and death plans,  next you should ask yourself these questions:

-Who could possibly take care of my pet when I'm unable to, due to death or illness? (make a list of potential candidates, then talk with them about this) hint: you should always have at least a 3-tier system too, with backup people in case person one or two becomes unavailable. 

-How can I be certain the person I assign as caretaker for my pet will follow through? (having a legally binding trust could be a great answer to this question, but a pet trust isn't the right thing for everyone: typically it's best for individuals that have multiple pets, want pets to stay in the home, together, and/or with some other specific parameters; trusts are typically reserved for those with a $500,000< estate to my best knowledge, although I am NOT an attorney!) hint: the financial provision in a will will help greatly with assuring your designated person or rescue follows thru... going with a reputable organization dedicated to such causes is also highly practical and typically offers more guaranteed assurance than going with say, Sally-from-book-club). 

-Am I able and willing to provide any financial assistance for the care of my pet when I'm gone or am I expecting someone to do me the favor of taking in my pet? (most people will NOT keep your pet as a favor to you, trust me... we get calls and emails from the daughters, neighbors, siblings, etc. of deceased pet owners, almost weekly!!!)

-I have (way) more than one pet so... I have to put a little more thought into this right? (Right!) -Work with an attorney!!! Google is not an estate planning attorney! 

    Those are just a few questions to get you started!

    

    In fact you should also have questions prepared for the person you'll approach about his or her willingness to care for your pet in the case of your absence.  -This is serious business and must be treated as such.

A Couple Final Thoughts:

    The motivation for starting Paw and Feather Plan was a sad one... when working in animal shelters (one in Louisville, Ky., and one in Miami, Fl.), it wasn't uncommon to see pets of the deceased surrendered.  -And it's still all too common.  

    

    

Being in an animal shelter is extremely stressful to a pet.  It can  cause behavior problems and/or lead to serious illness, and should be avoided whenever and however safely possible. 

    If your pet ends up in a shelter there's often no guarantee she'll make it out alive. 

    And even if there is that guarantee, there's no guarantee she or he won't sit in a cage or 'room' for weeks or even months on end... waiting to be adopted.

    And would the pet be socialized at least 3 times per day while in the shelter, for example (likely not!)?  -These are serious questions you need to consider as a pet owner when you contemplate your life, death, and your pets! 

    Lastly, Legalzoom.com or Pay a Local Attorney?

    Do it the right way: just pay and work with an attorney in person.

    -Why?

    The article on fidelity.com puts it nicely in saying, "If your executor does not have any experience with estate settlement, he or she may likely turn to an attorney for guidance." (link to article below)

    

    So, in other words, making and implementing life and death plans is a complicated and confusing task.  

   By working with a real life estate planning attorney out of the gate... you'll be doing everyone a favor in the long run!  You'll be saving your family, and your estate, money in the long run too!!!

     

  

Resources used to write this article:

https://www.elderlawanswers.com/understanding-the-differences-between-a-will-and-a-trust-7888

LegalZoom.com/estateplanning

https://www.fidelity.com/life-events/estate-planning/executor-health-care-proxy

https://www.rover.com/blog/include-pets-will/

http://money.com/money/4556235/estate-planning-leave-money-pet/

Blog typed for informational purposes only by Jessica Pita, the owner of the Paw and Feather Plan Inc., who is NOT an attorney and is NOT giving any legal advice. 

Blog slightly revised and updated on 01-30-24