Estate planning is hard enough when it comes to humans but it is even harder when planning for a legacy to be left to a pet. Since animals have no legal rights, they cannot inherit so special consideration will have to be given to ensure they are well looked after. The most common way to protect the animal is to create a special trust specifically for the care of the pet which can impose a duty on the fiduciary to protect the interest of the animal. Another common method is to leave the pet in the care of a friend and then bequest or gift money to that person for support. But that may backfire as the caregiver may use the money to their own purpose or seek more money from the estate prompting legal challenges. The case of Simpsons creator Sam Simon, who left his dog in the care of friend, has shown that leaving an animal to a third party with nothing more than faith they will follow your wishes is not wise. As always, consult an estate planner to make sure that a beloved pet is well maintained after the death of its owner.
See Corbie Hill, Providing for your pets after you’re gone, The News & Observer, October 12, 2015.
Special thanks to Jim Hillhouse for bringing this article to my attention.
