Keating Law, PLC
Volume 11, Issue 19 9/17/2009 © 2009 Keating Law, PLC, Phone: 586-498-8400. All rights reserved.

Talking to Clients about Estate Planning for Their Other Children – Their Pets

When our clients die or become incapacitated, the strategic
planning they put in place to provide for their loved ones
goes to work. The important things will be taken care of.

Their bills continue to get paid, their investments continue
to grow for future generations, and any minor children are
cared for by loving guardians.

It seems like these clients thought of everything, but some
of them risk forgetting about their very dependant fourlegged
family members.

What Happens to Fluffy and Spot?

Some pet owners never consider who will care for their
furry companions after they die or if they become disabled
or seriously ill. Many assume that a relative or good friend
will step up to the task.

That’s an unwise assumption on the owner’s part, and one
I’m sure Fluffy and Spot might especially take issue with.

Every year, the Society for the Prevention of Cruelty to
Animals (SPCA) takes in a number of animals whose
owners passed away. Usually a family member or
neighbor drops the animals off. Most apologize and say
that their loved one or friend made no plans.

Once cared for and loved, these animals have no home.
Many will likely be euthanized.

Even Pedigrees Won’t Protect Them

Here’s one vivid example that illustrates the need to make
better plans:

One day a group of seven pedigreed dogs were dropped off
at an SPCA: two Whippets, two Irish Setters, two Toy Fox
Terriers and a Chihuahua. They came with AKC papers,
receipts from when they were purchased, complete family
trees and a thick file of medical records.

It was obvious that their owner loved and treasured them,
but when she was diagnosed with cancer, she did not make
plans for their care after her death. There was no chance
that all of these dogs that were raised together would be
adopted to the same home.

A little planning today can help your client’s pets avoid a
similar fate.

Making Better Plans for Pets

Here’s a checklist to help clients plan for their pets:

 Identify and designate someone (and at least one
alternative) to assume ownership for the pets.
 Keep in touch with them to ensure that they are still
willing, especially if a pet has special needs.
 Carry a “pet alert” wallet card listing names and
phone numbers of the pet’s emergency caregivers.
 Authorize payments to provide food, veterinary care,
grooming, exercise, socialization, etc.
 In any documents use language that refers to “pets”
rather than names. This will ensure that no newly
added pets will be left out and that there is no need
to update documents.
 Name a Trust Protector to oversee a pet’s new
owner and any funds set aside for the pet’s care.
 Ask an attorney how to include language that will
protect the pet in estate planning documents.

There are additional considerations to make, including the
criteria to be used to determine when it’s time to euthanize a
sick pet, who will make that difficult decision, and how that
pet’s remains should be disposed.

I hope this article helps you and your clients. As always, if you
have any concerns or questions, please call our office.

 

Thomas H. Keating has actively practiced law for 25 years, focusing on business and estate planning, with emphasis on the automotive and construction industries.  Mr. Keating belongs to the State Bar of Michigan, the American Bar Association Section on Real Property, Probate and Trust Law, the State Bar of Michigan Section on Probate and Estate Planning, NAIFA, and the Michigan Forum of Estate Planning Attorneys. He is the founder of the Financial and Estate Planning Keeping Current Series as well as the East Side Business and Financial Forum and is a member of the Financial and Estate Planning Council of Detroit. Mr. Keating is a member of WealthCounsel, a national forum of estate and business planning professionals, multiple chambers of commerce, and industry associations, and is a frequent speaker at estate planning forums around Michigan. Mr. Keating is co-author of Strictly Business, book written for those facing business and succession planning challenges.