LEGAL MATTERS

DOES YOUR ESTATE PLAN INCLUDE YOUR PETS?

Your will and/or trust identifies which loved ones, charities, educational institutions, and/or religious institutions you want to receive money, real estate, and personal property after you die. But what about your pets?

Many people feel like their pets are a member of the family. But the law does not agree. Instead, pets are treated as personal property. According to The Humane Society of the United States, your will or trust should identify the folks that will care for your pets and provide the funds they will need to care for them. If you don't do that, "Penny" might become homeless and end up in an animal shelter.

To help pet owners ensure that their wishes for their pets' care won't be forgotten, misconstrued, or ignored, The Humane Society has created a printable fact sheet, "Providing for Your Pet's Future Without You." The five-page fact sheet, available in English and Spanish, provides sample language for including pets in wills and trusts, plus suggestions on protecting pets through a power of attorney.

The Humane Society says that people incorrectly assume that a long-ago verbal promise from a friend, relative, or neighbor to provide a home for a pet will be honored years later. Even individuals who include their pets in their will and/or trust may neglect to plan for pet care during incapacity. So, contact your attorney now to protect your pet from becoming homeless.

Scott Selis, Elder Law Attorney, estate planning, probate, long-term care, government benefits, (Medicaid, Veteran’s benefits.. Scott was Assistant Chair of Florida Bar’s Elder Law section, and Elder Law Attorney of the Year 2016.