Articles Posted in Pets

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.

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.

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