Estate Planning for Your Pet
Why you should include your furry friends in your will
Ric Edelman: It's Wednesday, August 21st. Yesterday, I talked with you about the importance of a will. Let me mention one other thing about wills that I didn't mention yesterday. Putting your pet in your will. Leona Helmsley was a hotelier and real estate developer in New York City who earned the reputation as the “Queen of Mean.” She famously created a trust for her Maltese named Trouble. She funded it with $12 million. That was back in 2007 when $12 million was a lot of money.
More than 40% of cat and dog owners in this country have done this, that means 60% of you have not. And that's an important issue. You know, pets are property, under the law. I know you don't consider them a thing like your sofa, but legally, pets are property, and that means you have to say in your will who gets them, just like you do for your sofa. If you don't specify in your will who gets your pet, the pet is going to go to whoever inherits all of your other property, and that might not be who you want. If you die without a will, well then, as I said yesterday, state law is going to say who gets your animals. And leaving the pet to somebody, recognize that creates a financial burden on that person. Not only the chore of caring for your pet. Oh, I know it's not a chore. You love them. But nevertheless, it's a time commitment. It also creates a financial burden.
So most people not only say who they want to receive the animal they also bequeath them some money to like Leona did. You can either just give the caretaker money and leave it to them in your will, or you can create a trust and put the money there and have the trust managed by a trustee who can help make sure that the caretaker is really taking care of the pet. That's what Leona did.
And remember, you're putting your total faith in your pet's caregiver, aren't you? What if something happens to the caregiver? What then happens to the pet? When you create a trust, you can create a daisy chain effect of who subsequently handles. Who's the successor, caretaker, etc.
Oh, and by the way, don't do one thing that Leona did. $12 million for a dog? Seriously? Well, guess what? Her heirs sued and the court cut the amount that the dog got, or I should say the dog's trust got, from $12 million to $2 million. So be reasonable. The cost of the care? Sure. Plus, a little bit extra as compensation for the caregiver? Absolutely.
The big question is, what are going to happen to the trust funds after the pet dies? What if the trust outlives the pet? If the caregiver gets the money from the trust, well, isn't that an incentive for the caregiver to shorten the pet's life? Either outright or by rejecting major medical care perhaps? Think about all this as well. Bottom line, when you're writing your will, crafting your trusts and estate planning, don't forget your pets. They're a family too, no matter what the law says.
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