Issue 46.09
If a client does not have a trusted friend or family member to name in their will or trust as caretaker of their pet, want can be done?
For fifteen years I have worked with clients regarding their estate planning and end of life affairs. As part of my planning, I have spent much time addressing concerns related to pets. Many clients have become very attached to their pets. Some clients after losing their spouse have relied on the love of their pets to help them through the most difficult time in their lives. In doing their planning, these clients feel strongly they want to provide for these “extensions” of their family.
A problem arises when there is no one in the area that can take care of the pet. In helping these clients, I have come to rely on Homeless Animal Rescue Team (H.A.R.T.). H.A.R.T. is a 501(c)(3) non-profit organization formed to provide care and shelter for neglected, abused and abandoned dogs. H.A.R.T. is actively engaged in monitoring the animal shelters in the area and retrieving dogs that are scheduled to be euthanized and placing them in temporary and later permanent homes.
Because H.A.R.T.’s primary focus is the placement of animals, I have found them well suited to help with caring for animals of estate planning clients.
Many clients set aside part of their estate for the care of their animals. The funds can be retained by the trustee, personal representative of the will or the client can designate a representative of the organization named as caretaker of the animal. The funds are then used to care for the client’s pet and to be administered to the individual or family providing the care.
In conclusion, many of us love animals. Planning for the animals we love most, our pets, can sometimes be hard. Using an estate planning attorney to prepare the necessary documents and relying on charitable organizations equipped to help, can make the process easier and rewarding.
Jeffery J. McKenna is a local attorney serving clients in Utah, Arizona and Nevada. He is a shareholder at the law firm of Barney, McKenna, and Olmstead with offices in St. George and Mesquite. If you have questions you would like addressed in these articles, you can contact him at 435 628-1711 or jmckenna@barney-mckenna.com.