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December 22, 2005
Estate Planning for Pets
Do you have a dog? A cat? Who would take care of your pet if you were unable to take care of it yourself? If you were hospitalized or unexpectedly gone for an extended period of time, would anyone know that your pet would need water and food while you are gone?
If you have a pet there are two things that you should do to ensure their safety. First is to find someone responsible to take care of them in the event something unexpected happens to you. The other thing you should consider is some type of formal arrangements that specifically cover the care of your pets in the event that they outlive you.
I did a little checking and found out that small dogs have a life expectancy of 15 to 18 years. Giant breed dogs live for 6 to 9 years. Our office dog (Moo), a Jack Russell Terrier has a life expectancy of 13.6 years. My research shows that the shortest life expectancy belongs to the Bulldog with a 6.7 year life expectancy and the mini poodle has the longest, at 14.8 years. Indoor cats live longer than dogs, with the average being 12-18 years. The oldest cat reported in my investigation was 28 years old.
The care of pets can sometimes be overlooked when you suffer an unexpected illness, accident or death. Here are some practical suggestions to make sure your pet gets the care it deserves:
1) Find at least two responsible friends or relatives to serve as emergency caregivers and give them the keys to your house. You should also make them aware of who your vet is and when and how much to feed your pet.
2) If you live alone, you should carry a wallet alert card that list the names and phone numbers of your emergency pet caregivers.
3) On your door or window post a “in case of emergency” notice specifying how many and what kinds of pets you have, along with the telephone number of your designated pet caregivers.
Making formal plans to care for your pets after your death is a little more complicated. In Massachusetts pets are considered property and therefore may not be beneficiaries of your will or a trust. Some states have passed legislation allowing for pet trusts, but Massachusetts is not one of them. I spoke with Representative Mark Falzone’s office today and he was able to point me to House Bill #914 that would allow a trust to be established for a pet. As of the writing of this article I have been unable to ascertain the progress, if any, on getting this bill passed. The sponsor of the bill is Representative Paul J.P. Loscocco. If you would like to check on the progress of this bill, I recommend calling Representative Loscocco at (617) 722-2220.
We recommend putting language in your will to provide your executor guidance on what you would like to happen to your pets upon your death. Certain breeds of pets have nationwide clubs that can assist placing your pet in a good home. Your executor should be made aware of this planning opportunity to place your pet in a good home if other plans do not work out.
The best solution for you and your pets would be to find a responsible person to care for your pets in the event of your death. You can reward this person by making them a beneficiary of your will. Finding a responsible and trustworthy person is paramount because once they have received their inheritance, they would have a personal obligation, but there is no legal requirement that continue to provide care for your pet. They could just give it to an animal shelter. The bottom line is to find a caring and loving person that you trust and hope for the best.
This article gives general information and not specific advice on individual matters. Persons wanting individualized advice on matters discussed should contact an advisor experienced in those matters. To the extent this article provides information on legal matters, it is based on law in effect in Massachusetts on the date of posting (laws in effect in other states are often quite different).
Ronald H. Surabian is a CPA and attorney who works at the Elder Law Center in Saugus, Massachusetts. He also holds Masters in accounting and a Masters in tax law. He currently serves on the board of directors of the Massachusetts Chapter of the National Academy of Elder Law Attorneys. If you have any questions please call me at the Elder Law Center, One Essex Street, Saugus, MA 01906 (781)233-4444. To view this or any prior article, please visit our web site at www.elderlawcenter.org