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Pets and Estate Planning?

By Christopher Vaughn-Martel

A 2003 study conducted by GL Census Partners found that gays and lesbians are more likely to own a pet than their heterosexual counterparts. In fact, the study estimates that nearly 2 out of 3 GLBT people have a pet of some kind! And as anyone with a pet (or animal companion) will tell you, they are truly a part of your family. You vacation with them, you buy them fashionable sweaters, and care for their health and well-being.

So what does this have to do with estate planning? Well, you probably already have an estate plan in place to protect your property and your spouse or partner if something were to happen to you. But how will your loyal pets be cared for in the event that you are no longer able to look after them? Below is a brief list of options you might discuss with your attorney as you create or update your estate plan in the new year:

• The most basic tool you have to protect your pet (and your spouse or partner) is a will. Depending on the state of the law where you live, your spouse/partner may be considered a legal stranger to your estate. Without a will, the law determines which family members have a legal right to the property and assets of your estate, including your animal companion.
• If you already have a will, consider including a specific bequest of your animal to a trusted caretaker, together with a sum of money to provide for the care of the animal. This is a great option for smaller estates and where you have a trusted caretaker in mind.
• You might aldo consider creating a pet trust to provide for the care of your pet. More than 30 states have laws in place that recognize some variation of the pet trust. Although Massachusetts does not (yet) recognize trusts created for the benefit of an animal, it may be possible to create a trust for the benefit of the individual you have chosen to look after your pet or animal companion.
• For short-term care in the event that you are incapacitated, you might consider drafting a limited power of attorney, which gives another person the right to act on your behalf with respect to certain property (like your animal companion), and certain assets which may be used in the care, feeding, and shelter needs of your pet.
• It may also be possible to contract with an orgnization to provide a sum of money in exchange for providing shelter and medical care during the life of your pet, and/or to locate and arrange care by a foster family.
• A modest life insurance policy naming your intended animal caretaker as beneficiary, either individually or in connection with a trust, could effectively be used to provide funds for the medical care, shelter, and maintenance of your animal companion if you die.

This is a new and deveping area of estate planning law, and creative solutions and options do exist. Don't forget to talk about "Spot" or "Fi-Fi" with your attorney at your next 'legal checkup'.

Full post as published by Massachusetts Gay and Lesbian Legal Briefs on December 20, 2007 (boomark / email).