A reasonable concern that many people and families now have is, can I leave money to my animal so that after I die they are taken care of? Not so long ago this would have seemed an odd idea and is sometimes still the butt of a joke making fun of widowed, old, rich women with extravagant luxuries bequeathed to a single pampered dog.
However, the concern is a valid one. Take the following example:
An old rancher is getting on in his years. He never had children; his siblings, parents, and wife have all passed away. He has settled down and sold his ranch to a neighbor, keeping only one of the dogs as company. The dog, Spot, now 8 years old, is expected to live another 2-6 years, but the man passes away suddenly from a heart attack. The man’s will designates everything to go to his nearest living relative, who happens to be a distant nephew living in a large city. The nephew has all the property sold and Spot is turned over to a shelter. Spot, deemed unadoptable due to age, breed, or some minor health issues, is euthanized.
People want to avoid this outcome for their beloved pets. Even if Spot wasn’t euthanized, he may be forced to live in a shelter or other similar living arrangement for the rest of his life.
This begs the question: can I leave money to my dog so that he is taken care of?
Unfortunately, the law treats animals as property and you can’t leave property to property. While the justification for why you can’t do that is a bit nuanced, most people tend to understand that you can’t bequeath an ottoman to a sofa. The sofa can’t own anything, so trying to leave property to property in a will is ignored by the law. Basically, if you have a provision in your will that leaves money to your dog, the law will not acknowledge that provision, and both the money and the dog are given to whomever the other parts of the estate are directed.
So if the question is, can I leave money to my dog directly in a will, the answer no.
If the question is, can I create a legally binding way to ensure my animal is taken care of with some money after I die, the answer is yes.
With a pet trust, an owner can provide for money and care for an animal after the owner passes away. If you want to make sure a beloved pet isn’t killed or neglected after you die, contact us to set up a consultation.