If you’re looking for the latest column, it’s not here. I posted the column today on the main page of my blog. Too many people weren’t clicking on the column link so I decided to make it easier for visitors to find it. So you can look on my main page from now on.
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I begin each morning–whether I want to or not–at La Mesa’s dog park. Once the kids are out the door, Minerva, our golden retriever, knows that it’s her turn to chase tennis balls, wrestle with her pals and, if she’d like, hunt gophers.
The canine park regulars that Minerva hangs with may not be as indulged as Paris Hilton’s teacup Chihuahua, but they are a lucky bunch. One owner scrambles eggs for her Siberian Huskie every day. A hair stylist brings brushes to fluff the fur of any dog that sidle up to her. Many of the pooches enjoying the sunshine had been liberated from the pound.
But what happens, one park regular wondered the other day, if a dog loses its owner? It’s a question worth exploring since tens of millions of dogs and cats belong to somebody. The sad fact is that every year, more than 500,000 dogs and cats are euthanized at shelters in this country because their owners died.
In the media, you will occasionally hear or read about extravagant examples of post-mortem pet indulgences. Dusty Springfield, the singer, allegedly left behind instructions that her cat’s bed be lined with her nightgown and her recordings were to be played at the felines bedtime. Doris Duke, the tobacco heiress, whose ancestors started Duke University, left six figures to her dog. And the actress who played Lovey on Gilligan’s Island apparently instructed that all fortune be given to her pooches.
But what, realistically, can typical pet lovers do to insure that their rambunctious Labrador mix or furry Siamese princess doesn’t get dumped at the nearest shelter if tragedy strikes.
What you shouldn’t do is leave money or property to a pet in a will, advises Mary Randolph, an attorney and the author of Every Dog’s Legal Guide: A Must-Have Book for Your Owner, 6th edition (Nolo, Sept., 2007). Randolph recalls a case of an elderly California woman, who split all her possessions between her dog Roxy and a close friend. The woman’s niece essentially argued that Roxy couldn’t inherit a Milk-Bone, much less a bank account and the California Supreme Court agreed with her. The niece received half the estate even though her aunt had specifically stipulated that she didn’t want her relative getting her paws on the money.
What worked against Roxy was what some may consider an irritating legality: a dog is a piece of property. And one piece of property can’t inherit another. Try imagining a Honda Accord inheriting a diamond engagement ring. As a practical matter, you also couldn’t expect a standard poodle, who inherits money, to open up a checking account or monitor its investments online. When someone does leave IBM stock, municipal bonds or a stack of certificate of deposits to a pet via a will, the well-meaning move will backfire. The assets often end up with whoever is designated as the will’s “residuary beneficiary.” That refers to the person who gets everything not specifically left to others in the document.
There are other ways, however, that pet lovers can care for their animals after their own deaths. The most simple way is to ask someone who you trust if he or she would adopt your orphaned dog. If a friend or relative agrees, you could make your decision more official by including it in your will. You can make the same designation in a revocable living trust. In either case, you may also want to include a backup person if your original choice ultimately wiggles out of the obligation or simply can’t do it.
Because you are saddling a would-be guardian with a big responsibility–imagine someone else putting up with your dog’s chewing or digging issues–ideally you should throw some money in the pot to sweeten the deal. “If you trust them with the animal, hopefully you can trust them with the money as well,” Randolph says. It’s best to leave the money through a will or revocable living trust even if the pet’s new owner doesn’t need the money. “A dog who arrives with a full dinner dish, is likely to be more welcome than one who is on the dole.”
Establishing a pet trust is another alternative. If someone had walked into a probate court with a pet trust not all that long ago, he or she would have been laughed out of the building. But the National Conference of Commissioners on Uniform State Laws, which provides model laws for states, examined the issue of pet trusts in 1990 and said, “Why not?” Today at least 30 states, including California, New York, Florida, Texas and Michigan, allow them. With one of these trusts, you leave money or property for the pet and you designate someone else, called a trustee, to manage and spend it. Most people aren’t going to need one of these, but those who are interested may want to visit the web site of 2nd Chance 4 Pets, which is a nonprofit in Los Gatos, CA., which works to protect pet orphans and promote lifetime care for pets.
As a precaution, pet owners should also carry an animal card in his or her wallet. On the slip of paper, you should write the pet’s name, its location, special care instructions (i.e. the animal requires medicine) and the contact information of someone who could care for the animal at least temporarily if you become incapacitated.
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