Massachusetts Estate Planning & Asset Protection Blog

Massachusetts Elder Law Attorney | What Happens To Your Pet After You Are Gone?

Posted by Massachusetts Estate Planning & Elder Law Attorney, Dennis B. Sullivan, Esq., CPA, LLM on Mon, Oct 22, 2012

What happens to your pet after you are gone? This is a frequently asked question amongst our clients. Just last week, one client asked us what would happen to their dog, Sophie, when they pass away. We discussed setting up a pet trust and choosing a pet guardian to ensure that Sophie would be provided for. Please take the time to read the following article by Deborah Jacobs about the several ways you can provide for your beloved pet, even after you are gone.

If You Love Your Dog (Or Cat or Gerbil), Read This

by Deborah Jacobs

Link:Forbes.com

pet trust, guardian, elder law, Massachusetts

Whether your pet is a rescue you adopted for nothing or a purebred with a street value of many thousands, you can’t put a price tag on what it’s worth to you. So you ought to take steps to provide for this family member after you are gone–just as you would for any other. There are a couple of ways to do this, which can be used alone or in combination with each other.

Set up a trust. The tobacco heiress Doris Duke, who died in 1993, included a paragraph in her will with detailed instructions about who should become the owner of whatever dog lived at her Beverly Hills home when she died (her first choice was the caretaker of the house). Duke also created a $100,000 trust to cover her pet’s food, medical bills and other expenses.

More famously, Leona Helmsley set up a $12 million trust to benefit her dog, Trouble. After Helmsley died in 2007, two of her grandchildren, whom she had disinherited, challenged the arrangement. They persuaded the court to reduce the trust to $2 million and walked away with $3 million apiece. The other $4 million went to a charitable trust that Helmsley and her husband Harry had set up. (Trouble died last year.)

Such trusts (funded with much smaller sums) have become increasingly popular, and can be done in all states, says Gerry W. Beyer, a professor at Texas Tech University School of Law in Lubbock, TX and co-author of the book, “Fat Cats And Lucky Dogs: How To Leave (Some Of) Your Estate To Your Pet.”

Creating and administering pet trusts involves many of the same issues that arise with other types of trusts, including how to fund the trust, whether it should take effect while you are still alive (for example, if you are no longer able to care for your pet) and whom to choose as trustee. You will also want to identify the caregiver (include alternates in case the person you have in mind cannot do it), ideally someone other than the trustee. Include care instructions, and indicate what should happen to the funds after your pet dies.

Choose a pet guardian. A simpler approach is to designate in your will the person to care for your pet, and leave that individual enough money to carry out the responsibility. This raises two potential pitfalls: the amount could be subject to estate tax and there’s no legal mechanism for making sure things go as you planned. Nor is there any guarantee that the person will want your pet or be able to care for it when time comes.

In response to this problem, a growing number of for-profit and not-for-profit pet guardian programs have sprung up around the country. Beyer, who keeps a list of about 75 organizations providing animal care after an owner’s death but has not vetted the programs, says that some are shelters or re-homing organizations that are specific to certain types of animals – such as birds, farm animals or dogs. Among the best are those run by university veterinary schools or connected with local humane societies, he says.

Pet guardian programs are terrific for people who don’t have a specific person in mind or need to name an alternate on their pet trust if the caregivers they have listed are unable or unwilling to serve. Or, you can combine the two concepts, and put the animal care organization in charge of your pet’s care, while naming the trustee to oversee it and control the money.

Guardian programs are also great if you have a pet like a bird or a tortoise that has long life expectancy–longer than any human beings whom you trust, Beyer says. These programs might also be well suited to finding a home for exotic pets like pigs and llamas.

Two years ago, for example, the 100-year-old Seattle Humane Society set up a pet Guardian program known informally as “Puppies In Probate.” (Under Washington law, animals are treated as property, so this reference to the process by which a will is submitted for the court’s approval before assets are distributed is particularly apt. ) The idea came up after donors who were planning to benefit the Humane Society through their estate plans inquired about the possibility of a program that would help find a new home for their pets. In addition to dogs and cats, the program covers “pocket pets,” such as bunnies, gerbils, and mice), says David Loewe, the CEO.

Several months ago, Teri Persen, 72, enrolled Button–her 12-year-old Coton de Tulear. Persen, who lives alone and whose family lives out of the area, says she didn’t want to burden her friends. “I see too many people stuck with animals – not knowing what to do, feeling guilty if they tried to find another home or turned it into a shelter,” she says. “I didn’t want to put anyone in that position.”

So far more than 20 other people have signed up for the Seattle program, and paid the $1,000 enrollment fee, though none have met their demise. But the program is an extension of a service the Humane Society already provides, finding homes for strays and abandoned pets. Depending on their medical condition and potential behavior issues, animals may either go directly from the shelter into a new home, or first pass through foster care for 30-60 days with an experienced animal lover who is especially sensitive to their needs, Loewe says.

In choosing a facility, here are issues to consider:

What’s the rep? Visit the facility, just as you would if you were putting a relative in a nursing home. Ask the local humane society about the organization’s reputation.Check for complaints on the Internet and through the local Better Business Bureau.

What will it cost? Some programs require you to create a mini endowment, either during your life or through your estate plan. Programs that are set up to take animals from around the country tend to charge more.

What are the screening criteria? Your pet may have a special place in your heart, but if he is a furniture scratcher, or sometimes has an accident in the house, that could work against him in finding a new home.

Is it a fit for your pet? When you pass away, you’ve turned over responsibility for your pet. You want to make sure that the organization’s mission fits with what your animal needs.

What’s the track record? Your goal here is to find out what percentage of animals are placed into a new home and what happens to those that aren’t. (Chances are they will be euthanized.) Loewe recommends you ask not only, “What is your save rate?”(the number of animals that go from intake to adoption) but also “What is your save rate philosophy?” The answers will give you some idea of why an animal might not be adoptable at that shelter — for example, because of a medical or behavioral issue.

One final piece of advice: In addition to expressing your wishes in estate planning documents, communicate them to friends, family and financial advisors. Otherwise, by the time they locate the relevant documents, it may already be too late to save Fluffy or Rover.

At the Estate Planning & Asset Protection Law Center of Dennis Sullivan & Associates, we help people and their families concerned with losing their homes and life savings to increasing medical and nursing home costs, taxes and the costs and time delays of probate. We also protect clients from losing control of their own health and financial decisions

We developed our Unique Self-Guided 19-Point Trust, Estate, & Asset Protection Legal Guide so you can learn where problems may exist in your planning as well as opportunities for improvement and how to implement a plan to protect your spouse, home, family, and life savings. 

Click Here to Download our Trust, Estate, & Asset Protection  Legal Guide

We encourage you to attend one of our free educational workshops to learn more about our process and what you can do to enhance the security of your spouse, home, life savings and legacy. To register for a seat at an upcoming workshop call (800) 964-4295 (24/7) or register online at www.SeniorWorkshop.com

 

Tags: will, Estate Planning, probate, asset protection, estate, Massachusetts, Attorney, trust, pet, pets, guardian

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