Pets Category Archives — Florida Probate Litigation Lawyer Blog Published by Fort Lauderdale & Miami, Florida Will Contests & Trust Litigation Attorneys

Your beloved pet “Sploot” is alive and well, so how do we keep that state of calm and relaxation?

July 31, 2020 | by Chepenik Trushin LLP

What Happens to My Pets When I Die? Florida Pet Trusts

Many people consider their pets to be an integral and indispensable part of their families. For that reason, many people want to ensure their beloved dog, cat, horse, or other animal will be provided for in the event of their death. Pets are considered tangible personal property in Florida, and can be devised, so in the absence of a specific bequest, your pets will go to whomever you have designated to receive your tangible personal property.

For many people, such an arrangement is fine, but some people may want to ensure that their pets are taken care of after they are gone, and for those people, a pet trust may be appropriate. A pet trust is a legal mechanism that specifies and arranges for how your pet would be taken care of and financially provided for should you become incapacitated or die. In Florida, Fla. Stat. § 736.0408 enables the creation of a pet trust.

Your pets, your best friend in many people’s homes. Who cares for them post death?

March 26, 2019 | by Chepenik Trushin LLP

What happens to Your Pets When you Pass Away?

In addition to the human members of one’s families, many individuals also have animal members of their family. Because pets are so important to many families, it is often appropriate to make provision in one’s will or trust for one’s pets. While pets cannot take under a testamentary will, a pet owner may still be able to set money aside and account for her pet’s care. An owner may create a pet trust under state law or may grant a person with the authority to care for their pet as a guardian.

You may have heard of celebrities in the news giving large devises to their pets, which may have been upsetting to other beneficiaries (or people who thought they should have been beneficiaries). For example, Leona Helmsley left $12 million to her dog, opting to leave her grandchildren out of her will. When a devise to the pet is considerably large, however, a court may step in. Leona Helmsley’s dog wound up only inheriting $2 million after a court determined $12 million was too high.

Pooch and kitty cat, life’s best friends! Estate planning for pets

June 8, 2017 | by Chepenik Trushin LLP

Pet Estate Planning

Leaving millions of dollars in a will for a pet seems ludicrous. For example, Leona Helmsley’s will made her pet, Trouble, the richest dog in the world—she bequeathed the Maltese twelve million dollars while leaving most of her family members with nothing. But pet estate planning is possible and in many cases practical. Similar to human beneficiary trusts, pet trusts may be drafted to provide legal instructions for the care of a dearly loved pet after its owner’s death. While pets are legally categorized as property, many people consider their pets companions—even family members. Without legal arrangements, a pet is often placed in a shelter and faces abandonment or euthanasia. Finding out what can be included in a pet trust and how it can be secured can help protect a pet from future uncertainty.

Florida law explicitly allows a trust to be created for a pet. Under Florida Statute §736.0408, the trust may be created during the settlor’s lifetime and it terminates upon the death of the pet or, if more than one pet is provided for, upon the death of the last surviving pet. However, many important factors and details must be considered when drafting a will or trust for a pet, as significant problems arise when administering the will or trust.