Mark W. Jordan Animal Law Blog on Lawyers.com

This is the eighth of a series of articles providing helpful information on estate planning.  Please contact the estate planning professionals at The Drew Law Firm for more details on any of these topics or for any of your estate planning needs.

             
60;                & #160;     How Much Do You Care For Your Pet?

Q:  What are some alternatives for taking care of your pet when you are gone?

A:  There are many approaches to providing for your furry and feathered loved-ones, such as: 
    
     1.    Verbal understanding with your adult children or friends that one of them will take care of the pet.
     2.    Written note to a relative or friend about your wishes.
     3.    Memo to your Executor expressing your intentions.
     4.    Bequest in your Will of your pet and a fund to take care of him or her.
     5.    A Pet Trust.

Q:  Why are verbal communications not always the best approach?

A:  Situations change.  A family member or friend may have agreed to take care of your cute little puppy if anything ever happened to you.  You pass on ten years later and your children all have condos or apartments that don’t allow pets, and your friends are a decade older and don’t want to take care of a 100 pound dog that barks all night.  Also, the potential caregiver may not remember a verbal communication the same way you hoped after several years have gone by.

Q:  What is wrong with a written note to your relative, friend, or Executor?

A:  Although a written note is far better than a verbal communication, it does not overcome the problem of changing situations mentioned above.  
 
     It is very important that your note is read in advance of your passing.  If you left a note to be read after your death, it might not be read by the potential caregiver or the Executor for a few days, and then it would be too late for the pet.

     If the note is read, understood, and AGREED TO by the potential caregiver prior to your death, then all is well, assuming the caregiver has sufficient funds to feed, care for, and pay the vet bills of a 100 pound dog, a cat with a stomach disorder, or a South American bird that will live for the next 50 years.  Asking someone to take care of Fluffy is one thing, but paying for it is another.

Q:  Why shouldn’t you just have a bequest of your pet and some funds in your Will?

A:  Don’t leave Fido and $20,000 to your brother-in-law in your Will.  His understanding of proper care for Fido may differ significantly from yours.  Fido’s life expectancy may drop precipitously as soon as the check is cashed.     

Q:  What is a Pet Trust?

A:  A Pet Trust is a legally enforceable document drafted by an experienced estate planning attorney for the care of a pet.  Besides funding the Trust, you should consider the following:

     1.    Specify a list of caregivers, in case your first or second choices are no longer available.
     2.    Name a Trustee and a couple successors.  The Trustee will manage the funds and supervise the caregiver.  If the caregiver isn’t fulfilling expectations, the Trustee, or if necessary, a judge will enforce the Pet Trust and replace the caregiver with the next person on your list.
     3.    Describe your pet for identification purposes.  You don’t want the caregiver to continue the Trust with a similar animal after your pet has died.
     4.    Clarify the level of care you want.  Don’t just say you want food and water for your pet – specify the level of veterinarian care, the amount and type of food, how much exercise, etc.
     5.    Provide a first and second choice of veterinarian, with appropriate contact information.
     6.    Besides covering the caregiver’s expenses, mention if you want the caregiver to be compensated.
     7.    Detail where the remaining Trust assets will go when your pet dies.  Two suggestions would be to a charity for pets and to your revocable Trust you established for your human loved-ones.

Q:  Are Pet Trusts available in Ohio?

A:  Yes.  Ohio Revised Code Section 5804.08 provides the legal authority for creating a separate stand alone trust for pets or for adding a portion to other trusts you may have established.

Q:  Should you update your Durable Power of Attorney to include the care of your pet?

A:  Yes.  Although many power of attorney documents are generic enough to probably be interpreted to include authority to take care of your pets, there is no need to leave things to chance when specific language may be placed in your document.     

     The early stages of estate planning are critical. If you would like to arrange an initial consultation, please contact our Cincinnati office. Our lawyers will work with you to define your goals, identify significant aspects of your unique situation, and explain your alternatives.

Our estate planning attorneys: Mark W. Jordan, Robert M. Smyth, George J. Zamary, James H. Coogan, Frederic L. Goeddel, Anthony G. Covatta, Michael D. McNeil, Nancy J. Frazier and Sybil B. Mullin.

Related practice areas: estate planning, probate and estate administration, probate litigation, charitable trusts and foundations, business succession planning, gift and estate taxation, prenuptial agreements, division of marital assets, family law, real estate, employment law, mergers and acquisitions, and medical group representation