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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[niyad]

1. a most informative article, and thank you for sharing. on the other hand

the people who leave instructions that their pet be euthanized when the people die have always irritated me. I had one friend who did that, even though I told her that I would willingly take the pet into my home. None of the vets I know approve of this practice.

[question everything]

2. A very selfish behavior. One has to wonder about how much

love was there for the pet in the first place.

[politicat]

3. I don't know.... with ours, it might be the kindest thing.

Our cats are very attached, and even vacations stress them terribly - and we have a petsitter they've known for years and like. I was gone for six weeks early last year due to a family crisis, and both cats didn't eat well, were very needy with my husband, and practically wouldn't let me go to the bathroom alone when I got home for a long while. They're just sort of getting back to normal now. (Yes, they're neurotic. We accept that. It's part of being staff.)

If something happened to both of us at the same time, I don't know that they would survive long without us. (They're not young, either, so that's a consideration, as well.) While both of my sisters adore my cat-dren and would happily take them into their homes (and not separate them, since they've been together since they were kittens) it would be doubly painful for my sisters to then have the kitties starve themselves or just die of grief after losing us as well. While we have left money to cover their vet bills in our wills, it may not be an issue if they don't survive us long.

So I can understand why some people put it in their wills. They know their companions far better than their survivors are likely to, and often can make decisions for their companions better than someone who doesn't know the companion.