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5 Tragic Mistakes People Make When Leaving Assets to Their Pets

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pets inheritance

A pet trust is an excellent way to make sure your beloved pet will receive proper care after you pass on.  The problem, of course, is that you won’t actually be there to see that your wishes are carried out.  It’s critical to set up a pet trust correctly to ensure there are no loopholes or unforeseen situations that could make your plans go awry.  Here are 5 tragic mistakes people often make when leaving their assets to their pets.

1. Appropriating more than the pet could ever need.

The gossip stories about such-and-such celebrity who left his or her entire fortune to a pet are the exception rather than the rule.  Leaving millions of dollars, houses, and cars to your pet is not only unreasonable, but it’s more likely to be contested in court by family members who might feel neglected.  To avoid this pitfall, leave a reasonable sum of money that will give your pet the same quality of life that she enjoys now.

2. Providing vague or unenforceable instructions.

Too many pets don’t receive the care their owners intended because they weren’t specific enough in their instructions or because they did not use a trust to make the instructions legally binding.  Luckily, a pet trust can clarify your instructions and make them legally valid.

If you leave money to a caretaker without a pet trust in place, hoping it will be used for the pet’s care for example, nothing stops the caretaker from living very well on the pet’s money.  But when you use a pet trust to designate how much the caretaker receives and how much goes for the pet’s care, you’ve provided a legal structure to protect your furry family member.  You can be as specific about your wishes as you’d like, from how much is to be spent on food, veterinary care, and grooming.  You can even include detailed care instructions, such as how often the dog should be walked.

3. Failing to keep information updated.

Bill sets up a pet trust for his dog Sadie, but what happens if Sadie passes away?  If Bill gets a new dog and names her Gypsy, but he doesn’t update this information before he dies, Gypsy could easily wind up in a shelter or euthanized because she’s not mentioned in the trust.  This is a common yet tragic mistake that can be easily avoided by performing regular reviews with your estate planning attorney to ensure that your estate plan works for your entire family.

4. Not having a contingency plan.

You might have a trusted friend or loved one designated as a caretaker in your pet trust, but what happens if that person is unable or unwilling to take that role when the time comes?  If you haven’t named a contingent caretaker, your pet might not receive the care you intended.  Always have a “Plan B” in place, and spell it out in the trust.

5. Not engaging a professional to help.

Too many people make the mistake of trying to set up a pet trust themselves, assuming that a form downloaded from a do-it-yourself legal website will automatically work in their circumstances.  Only an experienced estate planning attorney should help you set it up to help ensure that everything works exactly the way you want.

When attempting to leave assets to your pet, the good news is that with professional help, all these mistakes are preventable.  Call or contact us today about your options for setting up a new pet trust or adding a pet trust to your current estate plan.  We’re here to help.

What Estate Planning Awareness Means For You

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The third week of October is National Estate Planning Awareness Week (Oct. 15-21, 2018). Estate planning is important for everyone regardless of wealth or family status because if you become incapacity or pass away without an estate plan, you are leaving the distribution of your assets subject to state law – and the results may not be what you want or expect.

Estate Planning ExplainedThings to Know About Estate Planning

Estate planning includes the growth, protection, and transfer of a person’s wealth through the creation and maintenance of an estate plan. The concept of estate planning is important and twofold: (1) to have a strategy that will maintain your financial security during your lifetime, and (2) to ensure that your intended transfer of property and assets occurs upon your death. Both of these issues are analyzed through the lens of the unique situation of the family and the possible expense of different methods used in the estate plan.

Benefits of Estate Planning

There are several benefits to having an estate plan. At a minimum, an estate plan provides clear written guidance to your loved ones on what to do with your assets when you are deceased. But perhaps the most important reason is to be in control of how your family is provided for in the event of your death or incapacity. Estate planning can address several issues including:

  • Who will raise your minor children,
  • Who will inherit your assets and how they will be distributed,
  • Who will care for loved ones who are unable to care for themselves,
  • Who will care for your pets, and
  • Who will receive your life insurance and other insurance proceeds.

Finally, good estate planning can ease the time-consuming, administrative strain placed on your family during an already difficult time.

Estate Planning Statistics

According to studies[1], 6 in 10 adults have not put a will in place. And, while many have likely heard that it is wise to avoid probate – the legal process by which the assets of a deceased are disposed of under court supervision – many do not understand why probate should be avoided. Three main issues with probate include: (1) the tying up of the decedent’s assets for months or even years while the probate is open, (2) the cost, sometimes as much as 5 percent of the estate’s value is spent on attorney and court fees alone, and (3) the loss of privacy in the probate process when it comes to the decedent’s financial information.

There are many financial and legal tools that may be used in the estate planning process. Contact us today to discuss your situation and learn about your specific options.

[1] https://www.aarp.org/money/investing/info-2017/half-of-adults-do-not-have-wills.html

A Trust for Fluffy or Fido? Why Every Pet Parent Needs to Consider a Pet Trust Today

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Estate planning is about protecting what’s important to you.  Although much of the traditional estate planning conversation focus on surviving spouses, children, grandchildren, many pet parents wonder about what could happen to their “furry children” after their death or if they become incapacitated and unable to care for the pets.  Read on if you’ve ever thought, “What will happen to my cat, dog, or other pet if I pass away?” “What if I’m incapacitated and unable to care for them?”

Enter the pet trust.  This tool is something that can be easily incorporated into a new or existing estate plan to provide a strategy for caring for your pets.  Remember, estate planning is about protecting what’s important to you.  So, even if you anticipate outliving your pets, it’s always better to be safe than sorry.

How a Pet Trust WorksPet Trusts

Although these can be set up as standalone trusts, most pet trusts are incorporated into your overall estate plan.  First, you determine an amount of money you want to leave for the care of your pet.  When the pet trust becomes active (upon your death or incapacity) and while your pet is alive, the money you have set aside will be managed by a trustee for your pet’s benefit.  Second, decide on a caretaker who will have custody and responsibility for the care of your pet.  Lastly, after your pet’s death, the trust will terminate and any money that’s left will be distributed to the remainder beneficiaries you have chosen.

What a Pet Trust Avoids

Frankly, it can be chaos for your pets if you are incapacitated or deceased without a plan.  With the shuffle of so many other tasks, a pet can sometimes be overlooked, abandoned, or even euthanized.  A pet trust provides a legal tool to ensure that your beloved dog, cat, or other pet is not left somewhere or euthanized merely because you are not here any longer.  Proactively including a pet trust is especially important when you have family members that may be unable or unwilling to care for your beloved pets.

The Three Easy Decisions You Will Make

Trusts may seem complicated, but it is a reasonably straightforward process to get your planning in order.  A pet trust is a trust, so let’s start with a quick review of the cast of characters in trusts.  There’s a grantor, settlor, or trustmaker (the person who creates the pet trust – that’s you!), the trustee (the person who will manage the assets of the trust – you select who this is), and then the beneficiaries (who will receive whatever assets are left after the pet passes away – you choose this as well).

In the case of a pet trust, there are three decisions you will need to make to make sure everything works as you intend.

  • The selection of the remainder beneficiaries. These beneficiaries will receive the assets that remain, if any, after the pet has passed away.  Some people leave the remaining assets to a favorite pet (or other) charity, whereas others have whatever’s left pour into the children’s or grandchildren’s trust.  The law is flexible, and we can tailor the plan to match your goals.  It is entirely up to you!
  • The selection of your pet’s caretaker. You can think of this role as similar to the guardian of minor children.  This will be the person who cares for your pet if you are no longer able to do so.  You can leave detailed instructions or general recommendations for your pet’s care, whichever works best for your pet’s situation.  The trustee will be authorized to distribute money to the caretaker for supplies, vet visits, vaccinations, medications, toys, or whatever else you specify in the agreement.  You can even have some amount set aside for compensation for the caretaker if you wish.
  • The amount you want to set aside. Some people estimate the expected cost of caring for their pet over the pet’s expected lifespan and leave that amount, plus a little margin for safety.  With this approach, the goal is to provide for the care of the pet only.  Others want to use the pet trust as a method for caring for their pet, but with an eventual charitable goal (say a local animal shelter).  Many of these people will allocate a large sum of money with an expectation that there will be money left over upon the pet’s passing.  Determining how much to set aside is really about what you are trying to achieve.  We can help you come up with the right number.  Moreover, since these plans are fully changeable, you can always update the amount as your and your pet’s circumstances change.

Planning for the Future

You might be thinking that you will outlive your pets, so there’s no reason to plan.  But, what if you don’t?  The entire purpose of estate planning is to ensure that you have left your wishes known and fully protected your whole family – including your furry, four-legged children.  Call or contact us today so we can work with you to protect what’s important to you.

Another 3 Famous Pet Trust Cases and the Lessons We Can Learn from Them

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Things don’t always go according to plan.  On the other hand, sometimes pet owners can get a bit creative when providing for their pets.  Let’s take a look now at 3 famous cases involving pet trusts and distill important lessons from them.Pet Trusts

David Harper and Red

David Harper, a wealthy, reclusive bachelor in Ottawa, Canada, wasn’t exactly famous during his life.  In his death, however, he made headlines by reportedly leaving his entire $1.1 million dollar estate to his tabby cat, Red.  Just to make sure his wishes were carried out, Harper actually bequeathed the fortune to the United Church of Canada under the stipulation that they take care of Red for him!  The ploy worked.

Lesson learned: You can be creative in your approach to making sure your pets receive proper care after you’re gone.  Let’s chat about your goals and wishes when it comes to your pets.

Maria Assunta and Tommaso

In a four-legged and furry version of the classic rags-to-riches story, wealthy Italian widow Maria Assunta rescued a stray cat from the streets of Rome and gave him a proper home and name: Tommaso.  As Assunta’s health failed, she tried for several years to find an animal organization to entrust Tommaso.  When no suitable organization was found, Assunta left the estate valued at $13 million directly to the cat in her will and named her own nurse as the caretaker.  She passed away in 2011 at the ripe old age of 94, knowing her beloved Tommaso would be well taken care of.

Lesson learned: The best way to ensure the care of your pet is in writing, with a proper estate plan.

Patricia O’Neill and Kalu

Patricia O’Neill, daughter of British nobility and ex-spouse of Olympian Frank O’Neill, had designated a fortune worth $70 million to her chimpanzee, Kalu, and other pets, in her will – or so she thought.  It was discovered in 2010 that the heiress herself was virtually broke, thanks to the shady dealings of a dishonest financial advisor.  This story provides perhaps the most famous example of a pet trust gone dry while the owner is still living.

Lessons learned: You can only give away what you have.  If caring for your pets after your death is important to you, make sure your financial plan is in line with your estate plan and that you’ve taken appropriate steps to oversee your advisors.

Establishing a pet trust is the best way to ensure that your beloved pets receive the care they deserve after you pass on.  To learn more about your options, contact us or give us a call today.

This article is the second in a series of articles.  Read the first article in this series.

3 Famous Pet Trust Cases and the Lessons We Can Learn from Them

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Not long ago, pet trusts were thought of as little more than eccentric things that famous people did for their pets when they had too much money.  These days, pet trusts are considered mainstream.  For example: in May 2016, Minnesota became the 50th (and final) state to recognize pet trusts.  But not every pet trust is enacted exactly according to the owner’s wishes.  Let’s look at 3 famous pet trust cases and consider the lessons we can take away from them so your furry family member can be protected through your plan.

Leona Helmsley and Trouble

Achieving notoriety in the 1980s as the “Queen of Mean,” famed hotelier and convicted tax evader Leona Helmsley passed away in 2007. True to form, her will left two of her grandchildren bereft and awarded her Maltese dog Trouble a trust fund valued at $12 million.  The probate judge didn’t think much of Helmsley’s logic, however, knocking Trouble’s portion down to a paltry $2 million, awarding $6 million to the two ignored grandchildren and giving the remainder of the trust to charity.  Furthermore, when Trouble died, she was supposed to be buried in the family mausoleum, but instead she was cremated when the cemetery refused to accept a dog.

Lessons learned: Leaving an extravagant sum to a pet may not be honored in a lawsuit and can cause family conflict.  It’s best to leave a reasonable amount to provide for the care and lifestyle your pet is used to, for the rest of his or her life.  If you are looking to disinherit one or more family members, make sure to specifically talk with your attorney so you can have a game plan to make the disinheritance as legally solid as possible.

Michael Jackson and Bubbles

Most Michael Jackson fans will remember his pet chimpanzee Bubbles, who was the King of Pop’s constant companion.  Jackson reportedly left Bubbles $2 million.  After the singer’s death, Bubbles’ whereabouts became a point of speculation amid allegations that Jackson had abused the pet while he was alive.  The good news is that Bubbles is alive and well, living out his years in a shelter in Florida.  The bad news is that if he was actually left $2 million, he never received it; and he is being supported by public donations.

Lessons learned: Always be clear about your intentions and work with your attorney to put them in writing so your furry family member is cared for and doesn’t wind up in a shelter.

Karla Liebenstein and Gunther III (and IV)

Liebenstein, a German countess, left her entire fortune to her German Shepherd, Gunther III, valued at approximately $65 million.  Tragically, Gunther III passed away a week later.  However, the dog’s inheritance passed on to his son, Gunther IV; the fortune also increased in value over time to more than $373 million, making Gunther IV the richest pet in the world.

Lesson learned: It’s possible for pet trust benefits to be passed generationally, so make sure your estate plan reflects your actual wishes and intentions.

If you haven’t yet made arrangements for your beloved pet in your estate plan, we’re here to help.  We’d love to talk about setting up a new pet trust for you or adding one to your current plan.  Call or contact us today to talk.

To learn about more pet trust cases gone wrong, read the follow-up to this article.