Yes, you can leave stuff to Rover, but not via a will

[question everything]

Yes, you can leave stuff to Rover, but not via a will

By Lynn O'Shaughnessy
February 12, 2006

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The sad fact is that every year, more than 500,000 dogs and cats are euthanized at shelters in this country because their owners died... But what, realistically, can typical pet lovers do to ensure that their rambunctious Labrador mix or furry Siamese princess doesn't get dumped at the nearest shelter if tragedy strikes.

What you shouldn't do is leave money or property to a pet in a will, advises Mary Randolph, an attorney and the author of “Every Dog's Legal Guide: A Must-Have Book for Your Owner, 5th edition” (Nolo, 2005). Randolph recalls a case of a California woman who split all her possessions between her dog Roxy and a close friend. The woman's niece essentially argued that Roxy couldn't inherit a Milk-Bone, much less a bank account, and the California Supreme Court agreed with her. The niece received half the estate, even though her aunt had specifically stipulated that she didn't want her relative getting her paws on the money.

What worked against Roxy was what some may consider an irritating legality: a pet is a piece of property. And one piece of property can't inherit another. Try imagining a Honda Accord inheriting a diamond engagement ring. As a practical matter, you also couldn't expect a standard poodle who inherits money to open up a checking account or monitor its investments online.

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The most simple way is to ask someone you trust if he or she would adopt your orphaned dog. If a friend or relative agrees, you could make your decision more official by including it in your will. You can make the same designation in a revocable living trust. In either case, you may also want to include a backup person if your original choice ultimately wiggles out of the obligation or simply can't do it. Because you are saddling a would-be guardian with a big responsibility – imagine someone else putting up with your dog's love of chair legs – ideally you should throw some money in the pot to sweeten the deal.

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Establishing a pet trust is another alternative... Today at least 30 states, including California, New York, Florida, Texas and Michigan, allow them. With one of these trusts, you leave money or property for the pet and designate someone else, called a trustee, to manage and spend it. Most people aren't going to need one, but those who are interested should visit the Web site of 2nd Chance 4 Pets, which is a nonprofit in Los Gatos, which works to protect pet orphans and promote lifetime care for pets.

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