ESTATE PLANNING WITH YOUR PETS IN MIND

As many as 33.9 million households in the United States own dogs and 28.3 million own cats. (Richard Mendelson, Carving Out Your Niche, A.B.A.J., May 1997, at 48, 50.) In addition to dogs and cats there are bird owners, horse owners, reptile owners, pig owners, small animal owners and large insect owners. The responsible pet owner recognizes that pets are living creatures dependent upon the owner for survival. The responsible owner will make a plan for the care of the pet when the owner is incapacitated or has died.

Why plan for my pet? A provision in your estate planning will ensure that your pet has a place to go or is taken care of after your incapacity or death. Similar to finding a guardian for a child, finding a home or making provisions for a pet can provide your family with peace of mind knowing that the pet will be taken care of should something happen to you.

If you have multiple pets, it is infrequent that any one person can care for them all. If you do not want the "family" to be split apart, you may need a more detailed plan.

If you live alone and have no family or friends that would be able to take your animal, you should plan for your pet. The alternative is that the pet will go to an animal shelter and an uncertain future.

If you have a pet with a long life expectancy, the chance that your pet will outlive you is greater. You should be responsible for your pet's future.

If you have a pet with special needs, you will need to list those needs and make sure that whoever takes care of your pet after your death is able to accommodate those special needs.

If you have animals that require land to live well, i.e. horses, you will need to plan for the animal's future space or for an individual who has such an environment to become responsible for your animal after your death.

You may have a pet that is not allowed in certain neighborhoods (ducks, goats, chickens, etc.) You will want to make sure that whoever is responsible for your pet after your death can keep the animal lawfully.

How should I plan for my pet? The plan will vary according to a person's assets, the estate planning goals, the kind of pet and the type of care a person wishes the pet to receive. Plans can include outright gifts to a person to take care of an animal. Some plans may provide for a home and lifetime care. Some plans include a "pet trust." Some plans are as simple as a phrase in a will or a letter in the estate planning file to alert the person handling last affairs of any agreements or arrangements that have been made as to where the pet should go.

Lifetime planning for a pet? Injury or incapacitation of an owner is more likely than death. In the event of a long-term absence due to a hospital stay, who will take care of your pet? Something as simple as posting emergency contact information on the refrigerator can help reduce the chance that your pet will unnecessarily be taken to an animal shelter in an emergency.

Where can I find more information regarding estate planning for my pet and recent laws regarding pet ownership?

http://www.estateplanningforpets.org/

http://www.animallaw.info/

www.hsus.org/pets/pet_care/providing_for_your_pets_future_without_you/
(You can receive a free kit from this site which includes stickers for your windows and a magnet for your refrigerator of emergency pet information.)

www.avmla.org/

http://www.naiaonline.org/

LIMITATIONS AND DISCLAIMER
This brochure is in no way intended to be a complete explanation of the relevant laws. The laws often change and each individual's situation is unique. This brochure will provide an initial understanding of the basic issues and concepts. You should carefully evaluate your particular situation and consult the appropriate legal advisor prior to taking any action.