How to Provide for Pets in a Will

We love and care for them when we're alive. What happens to our pets when we die? Will your state recognize a provision in your will that your pet parrot shall go to Uncle Leroy? Does Uncle Leroy want your pet parrot? What if Uncle Leroy dies, or becomes incapable of caring for your parrot before you die? We may think that pets are part of the family; but under the eyes of the law, they're property. You cannot leave your jewelry to the piano. Under most circumstances, you cannot leave funds directly to your pet. Some states treat testamentary gifts to pets more leniently than others. No matter where you live, think about the following issues when deciding how to plan for your pet’s care in your will.

Difficulty: Challenging

Instructions

1. Consider retaining a lawyer. Many states will allow you to draft your own will. But if your will is poorly drafted, it can invalidate the entire document. The court will be required to interpret your intent, which would defeat the purpose of the will. Providing for pets in a will is more complicated than including the following provision: “My iguana, Muffy, goes to Aunt Sarah upon my death.” In many cases, that would be invalid.

2. You need to address two major issues when providing for your pet in a will: identifying your pet's new caretaker and providing funds for your pet’s care.

3. Identify at least two, preferably three, individuals that can care for your pet after your death. You'll need one to be your first choice and an alternate if your first choice cannot care for your pet. Once you've named a caretaker, you can establish a trust to provide funds for the care of your pet.

4. Many jurisdictions will not recognize a trust with your pet as a beneficiary. Instead, name your caretaker as the beneficiary of a trust with funds from the trust going to the care of your pet.

5. If you cannot find a caretaker for your pet, contact local rescue groups to find out if they can arrange care for your pet upon your death. Be sure to investigate the type of care your pet will receive if you decide to name a rescue group as your pet’s caretaker.

6. Under many circumstances, there can be a gap between your death and the time your will is admitted to probate. Unlike your possessions, your pet requires daily care. The laws that make providing for your pet’s care possible between your death and probate vary from state to state. Options include creating an inter vivos trust or creating a trust with life insurance benefits for the benefit of the pet. Make sure that such a trust is valid in your state.

Tips & Warnings

• Because a pet isn't legally a person, providing for your pet in a will is very complicated. If you want to ensure that your will is properly drafted to ensure your wishes are executed upon your death, retain a lawyer.
• This article does not constitute legal advice. The content of this article is for educational and entertainment purposes only. Should you have any specific questions or concerns, contact a lawyer in your area.