 In my community, a sweet Yorkie is now an orphan. She’s in our local animal shelter until a new home can be found for her. Her owner passed away unexpectedly and left no instructions for her dog’s continuing care. This happened just a few days before I dog-sat for my good friends who went to an out-of-state wedding. At the last minute, they left a scribbled note on the kitchen counter, “To whom it may concern,” specifying their wishes for their dogs should they both die. It got me thinking about the importance of estate planning for our pets. We go to great lengths to keep our animal companions healthy and happy. Yet many of us fail to consider their welfare if they outlive us. Do we really want our beloved companions landing in a shelter, trembling in apprehension and confusion? Do we want their comfort and sense of security compromised as the people around them – compassionate though they may be – struggle to understand our pet’s cues, quirks, and history? It’s not fun to think about dying. But it’s also not fun imagining an uncertain future for our pets. Fortunately, we won’t have to do either for long. With a few simple steps, we can protect our pet’s future, and then get on with the joy of sharing a life with them. Laws pertaining to pets and estate planning vary from state to state, so for the most accurate information, you’ll want to consult with a local attorney. The following information is not intended to be legal advice, but it represents options available in many states. The Strongest Legal Protection for Your Pet Creating a pet trust enables a pet owner to leave their pet to an individual who will be legally obligated to care for the pet. If the caretaker does not follow the pet owner’s wishes, the caretaker can be sued. With a pet trust, a pet owner can also:
Legal, But Without Obligation In their will, a pet owner can name the individual they want to assume the role of caretaker for their pet. The pet owner can also leave money for the pet’s care. But is the named caretaker legally obligated to care for the pet? Attorney Marc J. Comer says no, at least in his state of New Jersey. “That person (the named caretaker) must be willing to accept the pet at the appropriate time. The same idea applies to people. You can identify a guardian to raise your child, but that does not obligate that person to accept the role.” Comer also warns that someone who verbally states their willingness to care for a pet after the owner dies may still end up refusing the pet. “Circumstances of that person’s life may have changed, making it impractical for them to ‘adopt’ the pet,” says Comer. What happens if an individual is granted a pet in the pet owner’s will, but then after the owner’s death, is unable or unwilling to take on that caretaking role? What happens to the beloved pet? Can the caretaker give the pet away or surrender it to a shelter? “Not initially,” says Comer. “If the person chooses not to accept the pet, the pet remains in the estate as tangible property and is under control of the executor. However, once someone accepts the pet, then yes, he or she could give it away. If there was a pet trust, the trust funds would follow the animal to its next destination.” If a pet owner believes that their wishes will be honored by the person to whom they’re willing their pet, this could be a good option. However, anything can happen, and it’s possible that a named caretaker may not be able to fulfill their promise. That’s why it’s important for pet owners to name a back-up caretaker in their will. Legally Naming an Organization as Caretaker If a pet owner finds they have no one to whom they’d entrust the care of their pet, all is not lost. It’s possible for a pet owner to legally will their pet to an organization that specializes in caring for pets whose owners have passed away. Here are a few options. You may also want to contact a local animal rescue for a referral to a program close to home:
Planning Without Legal Protection While making legal arrangements is the safest way for a pet owner to ensure the best care for their pet after they die, there are other, non-legal steps one can take. If you have a will It’s important to note that if a pet owner has a will, but leaves no instructions for the care of their pet, the pet will be given to the pet owner’s “residuary beneficiary”. This is the person whom the pet owner names in their will to receive what’s left of their estate after all gifts have been distributed. Can a pet owner provide instructions for the care of a pet without revising their will? Usually, this can be done by a separate writing. Ask your attorney. What if the pet owner hasn’t provided instructions for their pet’s care in their will, but they’ve given verbal instructions to their executor? “Giving oral instructions to the executor does not make those instructions enforceable,” says Comer. “The intent of the testator (the person whose will it is) is demonstrated by what is written in the will, not by what the testator allegedly said. However, if all the parties in interest come to an agreement, the pet can go to the person or organization willing and able to provide the best care.” If you don’t have a will If a pet owner dies without leaving a will, all of the pet owner’s property will be distributed according to the laws of their state, through “intestate succession” (more information here). Remember, this includes pets, as pets are considered personal property. The pet owner will have no control over what happens to their pet. Whether you have a will or not Here are some smart things a pet owner can do with or without a will:
We like to say that we’ll love our pets forever. But do we mean their “forever”, or ours? If our pet’s forever goes on beyond ours, we can ensure that they continue to receive our love even after we’re gone. It takes a little effort, but they’re worth it.  CONTENT WRITER, BARKTIQUE + MEOW
Kim BrittinghamKim Brittingham is a content writer for Barktique + Meow, animal lover, and history buff residing at the Jersey Shore. She is the author of Read My Hips (Three Rivers Press/Random House, 2011) and Write That Memoir Right Now (Blackstone, 2013). She's a willing servant to a rescued miniature poodle named Clarice.
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 The road trip is back, baby! Now that some COVID restrictions are being lifted, thoughts are turning to going anywhere but home. But there’s someone who’s just loved having you at home, and that’s your pet. If you’re thinking about taking a road trip, your pet’s going to miss you. A lot. But if he or she is the adventurous type, taking your pet on the road might be one of the most rewarding experiences you’ll ever share. Is Car Travel Right for Your Pet? First, you’ll have to decide if traveling by car is a good idea for your pet. All pets are individuals, just like people. Some will relish car travel, and others will be unsettled by it.
Seat Belts Save Animal Lives, Too As a passenger in your car, your pet will face the same hazards that any person would. A seat belt could save their life. For some pets, like dogs, there are car safety seats that incorporate your existing seat belt. Some allow for limited but comfortable movement (and the all-important ability to stick their head out of the window) while still preventing fatal impact in the event of an accident, or even a short stop. Some dog safety seats resemble car seats for children. Others are more like dog beds that allow the dog to nestle in while staying securely tethered to the seat belt. Other pets may feel more secure in a crate stowed safely in the back of the vehicle. When deciding whether or not car travel is right for your pet, keep in mind how they respond to the confinement of a travel carrier. Sit, Stay, Eat! When traveling with a pet by car, it’s important to plan ahead. For example, you may be able to control your bladder or ignore your rumbling belly through the next couple of rest stops, but your pet may not. Be prepared to meet your pet’s needs promptly when they arise.
If your pet eats refrigerated food, it’s easy enough to pack a cooler and replenish fresh ice along the way if necessary. You can also buy coolers and mini-fridges that plug into your car’s dashboard. Fast food is never a good idea for pets, as it can easily cause stomach upset. Eating in a moving car can do the same. (Do you really want to deal with vomit or diarrhea in such close quarters?) Perhaps more importantly, fast food can contain ingredients that are outright toxic to pets, such as onions and garlic. However, you might get lucky and find yourself near an eatery with a pet-safe menu. Here’s one website that maps them.
Never Forget: Overheated Vehicles Can Be Deadly to Pets You might think leaving your pet in the car is safe enough on a mild day, but cars can heat up quickly in all kinds of weather. On a 70° day, the inside of your vehicle can quickly climb to 90°. Within half an hour, that temperature can escalate to 120°. Never leave an animal alone in a closed car, as this can cause fatal heat stroke. For your animal’s comfort on the move, consider buying a cooling mat. Taking a road trip with your pet is possible, and it could be a ton of fun. You’ll never forget the quality time you spent with your best friend. And you never know – the next time your pet has a pleasant dream, it might be a remembrance of the fascinating sights they enjoyed on their great adventure with you.  CONTENT WRITER, BARKTIQUE + MEOW
Kim BrittinghamKim Brittingham is a content writer for Barktique + Meow, animal lover, and history buff residing at the Jersey Shore. She is the author of Read My Hips (Three Rivers Press/Random House, 2011) and Write That Memoir Right Now (Blackstone, 2013). She's a willing servant to a rescued miniature poodle named Clarice.  I was told my dog Tillie had three weeks to live, tops. I was devastated. She hadn’t always lived with kind people, so I wanted her to go to her final rest knowing what it was to be loved. I put my heartache aside and focused on her happiness. Being a Labrador retriever, there was nothing – nothing – she loved more than chasing a tennis ball. After learning her days were numbered, I vowed to take her to the park to play every single day. And I did. But one day, weather got in the way. During a torrential rain storm, I called a local pet training facility and asked if I could rent a room for two hours. I explained why and they were quick to agree. While the rain drummed against the windows, Tillie bounded about the wide, gym-like room, lost in the ecstasy only a dog with a ball can know. Naturally we want our pet’s last days to be as happy and comfortable as possible. Here are 5 doting ways you can see your animal friend to the other side. But First… Check with your vet to see what, if anything, could make your pet uncomfortable. For example, long walks or extended play could cause pain, as could certain foods. People, Places and Things
No-Holds-Barred Pampering If there was ever a time to spoil your pet rotten, this is it.
Along for the Ride. If you have a dog who loves being in the car, take them along for the ride as often as possible – and roll the widow down enough for them to stick out that happy head and relish the breeze.
We can’t keep them forever, and it stinks. Big time. But we can keep them as comfortable as possible, and even keep them happy through their final days. With every little thing we do, they understand – in their own way – that they are loved. CONTENT WRITER, BARKTIQUE + MEOW
Kim BrittinghamKim Brittingham is a content writer for Barktique + Meow, animal lover, and history buff residing at the Jersey Shore. She is the author of Read My Hips (Three Rivers Press/Random House, 2011) and Write That Memoir Right Now (Blackstone, 2013). She's a willing servant to a rescued miniature poodle named Clarice. |
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