As more people are making plans for their pets in their wills, it has become increasingly common for individuals to leave money and property to their beloved animals. This trend has been seen in various high-profile cases, such as Karl Lagerfeld leaving a portion of his fortune to his cat, Choupette, upon his passing. While it may seem unusual, estate attorneys are seeing more incidences of individuals making arrangements for their pets after they die, with some bequests being quite generous.
With twenty-nine states enacting pet trust laws since 2008, there are now guidelines in place in every state and Washington, DC to ensure that pets are provided for after their owners pass away. While pets are considered property in all US states, making it legally challenging to leave them money directly, there are alternative ways to ensure their care is provided for, such as establishing a trust. However, it is important to note that pet bequests can be challenged in court by disinherited heirs, and there are limitations to how assets can be allocated for the care of pets.
In cases where individuals choose to leave significant amounts of money to their pets, there can be legal challenges and controversy. For example, in 2008 a New York probate court reduced real estate mogul Leona Helmsley’s bequest to her dog, Trouble, from $12 million to $2 million. Similarly, a mother in Shanghai made headlines when she announced she was leaving her $2.8 million estate to her cats and dogs due to her children not visiting her. These cases highlight the complexities and potential pitfalls of leaving large sums of money to pets in wills.
To ensure that a pet’s care is provided for after their owner’s passing, it is important to set up a legally binding trust that designates funds specifically for the pet’s benefit. This was the approach taken by Majel Barrett-Roddenberry, who set up a trust for her dogs before her death. Additionally, it is recommended to leave comprehensive instructions for pet caretakers, including access to the home, feeding instructions, and contact information for veterinarians, to ensure proper care for the animals.
While leaving money to pets in wills can be a thoughtful gesture, there are potential complications that can arise. Estate attorneys advise setting up a separate trustee for the trust who is not the pet’s caretaker to ensure that funds are used appropriately. Alternatively, individuals can leave a sum of money to an animal protection group, such as the Associated Humane Societies, which will care for pets after their owners have passed away. Ultimately, the goal is to ensure that pets are provided for in the event of their owner’s death and that their care is carried out according to their wishes.
