Pet Estate Planning

By Andrea Hall-Olanyk

You give your pet the best of everything. You fuss over their care and strive to meet all of their emotional and physical needs and in return you get their unconditional love. But what would happen to them if you were to become seriously ill or suddenly passed away?

While we would like to think that our family and friends would step up and take them in, the reality is they may not be willing or able to help. Sadly, many pets end up in shelters or rescues because the families do not know what else to do with them. It’s a painful thought, but there is something you can do to protect your beloved pets.

Pet Estate Planning is growing branch of Law. Attorneys that assist with Wills and Estate Planning are getting more and more requests for help in protecting the family pets.

One such Attorney is Gina M. Barry, from the firm of Bacon & Wilson, PC in Springfield, MA. Attorney Barry began her practice specializing in Estate Planning and Elder Law, but wanted to bring her love of animals into her practice. Soon she became aware that her elderly clients were concerned about what would happen to the pets that they would leave behind. Pet Estate Planning was the perfect mix for Attorney Barry.

Under Massachusetts Law, pets are considered property, like your table or jewelry. So you cannot legally name Fluffy as a benefactor or leave your estate to her. However, according to Attorney Barry, there are many things that you can do to help protect your pets. The most common is to add a simple clause into your Will describing who will get custody of your pets, or what you wish to have happen to them. This is a simple addition to a basic Will package.

If you do not specify who is to take custody of your pets, they will be lumped in with your estate, leaving your family to figure out what to do with them.

One could also set up a more involved Estate Plan. You could name a Caregiver for your pets and provide for a set amount of your estate to help provide for your pets needs for the duration of their lives. These plans can get very involved, going as far as naming a third party as a Trustee to control the flow of money to the Caretaker, or simply a lump sum payment to a Caretaker from your estate.

The point of providing a percentage of your estate for the care of a pet, is not to reward someone for taking them, but to ensure that a good caretaker will be able to provide the best care and veterinary treatment that your pets need to stay healthy and happy.

In the case of the Trustee and Caretaker plan, the Trustee would provide payments to the Caretaker for verifiable expenses related to the care of the pet. There are also safeguards that can be put in place, such as Trustee visits to verify the pet’s health and proper care, or microchip implants to guarantee that the Estate is still providing for the correct pet. Attorney Barry told me of a case they studied in school of a woman who kept receiving money from an estate by picking up an unending supply of black and white cats and passing them off as the original cat. Hopefully the people you chose to care for your pets would do so out of love for them, and for you, but these safeguards are available to clients if they feel such things are needed.

It is crucial to discuss your wishes with your family prior to making any arrangements. You need to be clear as to what you want, and be sure that the receiving people are willing to take the pet. Nothing derails a well-laid Plan faster than an unwilling beneficiary. It is advisable to name several caretakers in order of succession because this plan will be a long term one, and you need to account for possible changes.

For clients who do not have family or friends that are willing to take the pets, there are other options available. Attorney Barry keeps a list of refuges, sanctuaries and retirement homes that will care for your pet if no one else can. These facilities are scattered throughout the country and offer customized care for pets with special needs or just a guarantee of a loving, secure environment for a beloved pet.

This is the case for Dianna Dapkin and Melissa Alosso, the owners of Pure Pro Massage Oils, Inc, in Greenfield. They share their home with three cats and two dogs. The dogs, Bijou, a Shiba Inu and Ruby, a Chihuahua mix, go to work with them every day. They spend their days lounging in the office or greeting visitors while Dianna and Melissa attend to the business. Because their dogs are such an integral part of their lives, they wanted to be sure that they would be well cared for if something happens to them.

They connected with Attorney Barry through a talk she gave at the Pioneer Valley Kennel Club. While they would prefer that a friend or family member take their pets, they know that it might not happen. After discussing their options they have a plan set up that provides for their pets to be sent to a sanctuary in the Midwest.

The sanctuary has a program that allows people to send pets to them, with a donation to the sanctuary. They provide a healthy and loving environment to the pet and also work to find a permanent, well-qualified home for it. If they can’t find a home, or if the pet has special needs or challenges (as does one of Dianna and Melissa’s cats), the pet will remain at the sanctuary permanently, and be loved and cared for there.

This option is very popular with concerned pet owners. This particular sanctuary has been so overwhelmed with calls and inquiries that they requested that I not use their name or location and are in fact turning people away.

Diana and Melissa find it comforting to know that there is such a place, and that they can provide for their pets well after they have passed on. There are more sanctuaries cropping up all the time, and if another program that is closer to this area should gain in reputation and quality, they retain the right to change their wishes.

It is important to understand that any Estate Plans should be written to provide a general protection for any pets that you have at the time, instead of designing specific plans to cover specific pets. This will enable you to leave your Will unchanged, no matter what animals come into or leave your family. You do not want to have to change your Will every time you add or lose a pet.

Many people now have Health Care Proxies to dictate what sort of care they are to receive if they should become incapacitated. It is recommended that the Proxy also mention that you are a pet owner, and your pets need care. The hospital will take care of your needs, and also contact the proper people to care for your animals.

Along this line, it is a good idea to keep information cards about your pets in your wallet with your identification. These cards should contain the name and location of your pets, and a listing of the caretaker’s name and contact information. If you are unconscious it will allow emergency personnel to reach them, so they will be able to care for your pets while you are unable to do so.

You should also keep a file containing the medical history, care instructions and any pertinent information for your pets. Be sure to show your family and potential caretakers where to find the file, and keep the information up to date.

Making a plan to ensure the security of your beloved pets after you are gone is a small price to pay for the love they give us, and you know they would do it for you if they could.