Not to be Morbid - but What if our Pets Outlive Us?

 Not to be morbid - but what if we outlive our pets?

Pets are part of the family, and, can be addressed in an estate plan.  California recognizes the unusual status of pets, as beyond their legal designation as property, by permitting them to be beneficiaries of a trust and cared for should the owner die or become incapacitated.  An estate planning attorney will be able to analyze your needs and advise you accordingly. I ask only that you think this through so that your pets are protected and that you have peace of mind.

spcaLA has a pet re-homing program into which you can enroll in advance and leave your pets to us through your will or trust. There are similar programs around the country. If you are leaving your pets to a sanctuary, where your pet will live out his or her life, please investigate first to ensure that your pet will have a good quality of life at that location. If you are choosing to set up a pet trust, provide as much detail as possible as to the care, feeding, stimulation, needs and habits of your pet including euthanasia issues and disposal of remains. These instructions will make the task easier for the caretaker and trustee as well as ensuring continuity for your pet who will be grieving and dealing with change. They are also essential even if you are leaving your pet with a relative or friend through a traditional will. Please note that when dealing with exotic pets like birds, tortoises, coy etc. you must plan for their life spans which can be much longer than that of humans!  A huge estate or great personal wealth is not required to provide for your pets - just thought and attention to the details.

Finally, an emergency plan is essential to cover the event of an accident or gap between death and when it is discovered that there are pets in need. Details of this plan must be shared to all relevant parties and attached to your estate planning documents and important papers so your pets will be immediately retrieved. 

Planning in advance will make you less dependent on the kindness of strangers, will truly fulfill your pledge to care for your pet for the pets' life and will provide you with the peace of mind of a job well done.

As long as you are in a planning mode - please also consider pet prenups in case of divorce or separation. California Law considers the "best interest of the pet" when the issue is litigated. But - why wait until then and rely on a judge to decide.

Take care, stay well and be prepared.

New York City Pets Fall Between the C**P

Courtesy Google Images

With almost 200 million dollars in the bank the aspca has terminated their animal cruelty law enforcement department lamenting that it is too small to handle the demand. Now it will be up to the New York Police Department (NYPD) to worry about cruelty to animals and respond accordingly.

I have never been silent regarding my disgust at the aspca amassing such funds by advertising outside New York and capitalizing from the widespread misimpression that they are a national umbrella organization that distributes resources to spcas in every state. Despite requests from spcas across the country to duly inform the public of this fact, they have steadfastly refused and so donors believing they are helping animals in their respective communities are often horrified to learn their gifts went to New York instead. This is particularly unfortunate in the estate arena where it is too late to correct the error.

But this is a stunning development. Can they not afford to expand their department and collaborate with local enforcement agencies? If they choose not to - what is their actual mission besides fundraising?

The New York Post recently reported that, in fact, NYPD is NOT responding to animal cruelty complaints and "may never do so". Meanwhile during this brutal winter on the east coast the animals must fend for themselves in the sub-freezing temperatures and snow.

So what is their new mission? Is it initiating lawsuits to protect animals? Last I looked they had to pay Feld Entertainment (Ringling Brothers) 9.2 million dollars to settle a lawsuit where it came out that the aspca improperly paid the plaintiff in the case.

Is it sheltering animals? Not so much after they stopped providing animal control services and now without their law enforcement department they may see fewer seized and rescued animals.

Is it merely acting as a corporate sponsor of rock and roll marathons or awarding a de minimus amount of out of state grants so they feed the national umbrella myth by appearing to be present in other states?

Is it, to paraphrase their television commercial, searching for hurt and abused animals in every dark corner? I invite them to look outside their doors.

So what is their new mission?

Just wondering....

Who Will Care For My Pets When I'm Gone?

The human animal bond runs strong and deep. Our pets are frequently considered part of the family, and, in many cases, the entire family. The concern of what happens if our pet survives us is real and one that can be addressed in an estate plan. Last year, California joined over 35 other states in recognizing enforceable  pet trusts as an option for pet owners. Though not perfectly drafted, this law recognizes the unusual status of pets, as beyond their legal designation as property, by permitting them to be beneficiaries of a trust and cared for should the owner die or become incapacitated. Clearly an estate planning attorney will be able to analyze your needs and advise you accordingly. I ask only that you think this through so that your pets are protected and that you have peace of mind.

spcaLA has a pet re-homing program into which you can enroll in advance and leave your pets to us through your will or trust. There are similar programs around the country. If you are leaving your pets to a sanctuary, where your pet will live out his or her life, please investigate first to ensure that your pet will have a good quality of life at that location. If you are choosing to set up a pet trust, provide as much detail as possible as to the the care, feeding, stimulation, needs and habits of your pet including euthanasia issues and disposal of remains. These instructions will make the task easier for the caretaker and trustee as well as ensuring continuity for your pet who will be grieving and dealing with change. They are also essential even if you are leaving your pet with a relative or friend through a traditional will. Please note that when dealing with exotic pets like birds, tortoises, coy etc. you must plan for their life spans which can be much longer than that of humans!  A huge estate or great personal wealth is not required to provide for your pets - just thought and attention to the details.

Finally, an emergency plan is essential to cover the event of an accident or gap between death and when it is discovered that there are pets in need.Similar to standard disaster planning we recommend a wallet card with essential info i.e. emergency caretaker, veterinarian etc., a decal on your house/apartment indicating the presence of pets and a pet document with all details discussed above with copies given to all relevant parties and attached to your estate planning documents and important papers.

Planning in advance will make you less dependent on the kindness of strangers, will truly fulfill your pledge to care for your pet for the pets' life and will provide you with the peace of mind of a job well done.