Pet Planning in Your Will - Part 1
By Laura J. Martin, Esq.
Your last will and testament, often referred to simply as a “will”, controls who will receive your property after your death and how it will be distributed. The person you designate as the executor of your estate will be responsible for winding up your personal affairs and managing your property until it can be distributed. Since animals are considered property, your will controls what happens to your pets when you pass away.
A will is admitted to probate after death. Probate is the formal, court-supervised, legal process for validating your will, appointing an executor, and settling your estate. Your executor and the probate court are both required to carry out your lawful intentions, as set forth in your will. The more clearly and thoroughly your intentions are expressed, the more likely they will be carried out. It is very important to include pet-specific terms in your will to avoid your pets being treated like used furniture.
A will can be a very effective tool for carrying out relatively simple Pet Plans. You may use a will to do all the following after your death and more:
Transfer your pet or animal to a specific beneficiary or new owner
Transfer money for future pet care expenses to the beneficiary or new owner
Authorize the executor of your estate to place your pet in a new home or with a rescue or shelter
Transfer pet-related equipment and supplies (if it goes with the pet)
Select a “pet friendly” executor and alternates
Grant “pet powers” authorities to your executor for interim pet care and placement
Include any instructions regarding interim pet care or placement and any limitations on the executor’s authority
Authorize or direct your executor to spend estate funds or use estate property for interim pet care, placement, and other animal-related expenses and needs
It is especially important that the executor of your estate is authorized or directed to spend estate money for interim pet care and the costs of placing your pets in new homes. Absent express direction, probate courts are not required to approve such expenditures because they do not benefit the estate as a whole. Most pets do not increase the monetary value of their owner’s estate. In fact, the costs of ongoing pet care may decrease the amount available for distribution to beneficiaries. Some probate courts are sympathetic to the needs and requirements of living animals, but not all courts are. In Ohio, courts are not required to consider what is in the best interest of a pet.
It is up to you to provide for and protect your pet within the terms of your will. The law may not provide such protection automatically, but you can! In the next newsletter article, we will explore the dispositive options for pets in a will and the circumstances where a will is most effective as a Pet Planning tool.
This is the fourth article in the OAA Animal Insider newsletter continuing series about Pet Planning. Additional information about Pet Planning and the planning options available to you is included in the Introduction to “Pet Planning” for Animal Owners guide.
Disclaimer: This information is provided for educational purposes only and is not legal advice. For Pet Planning assistance, please consult with an experienced estate planning attorney.
