Pets and Estate Planning
by Rebecca Eyman
Many consider their pets to be full-fledged members of the family. For this reason, it’s not unusual for people to want to include their pets in some way in estate planning documents. However, this honorable instinct can lead to absurd results, because animals are legally considered to be “chattel,” or personal property, and cannot inherit property.
One of the most famous examples of a pet included in an estate plan is that of Leona Helmsley. The New York hotel heiress nicknamed “the Queen of Mean” left the bulk of her vast estate to her Maltese dog, Trouble. Although Trouble was initially set to inherit $12 million, a judge reduced the dog’s inheritance to $2 million, finding that the greater amount exceeded that necessary to care for the pup. The funds were distributed to Trouble’s caretaker to pay for her full-time security, grooming, and food. Trouble died in 2007 at the age of 12. Helmsley had asked in her will that Trouble be buried alongside her in her family mausoleum. This created a new legal headache, as there are regulations forbidding the interring of nonhuman remains in human cemeteries.
Fashion designer Karl Lagerfeld, who died earlier this year, also apparently included his beloved pet in his estate plan. Lagerfeld’s Birman cat, Choupette, lived in the lap of luxury catered to by two personal maids, ate meals of caviar and chicken pâté at the table off of designer dishes, and travelled on private jets. Before he died, Lagerfeld suggested that he intended to leave Choupette a portion of his fortune. However, Lagerfeld resided in France at the time of his death, and French law—like U.S. law—does not allow money to be passed down to pets.
Although you may not have millions of dollars to leave to your loyal companion, there are important ways to remember your pets in your estate plan. For example, have you considered who will take care of your pets after you pass away? Just like parents can name a guardian for minor children in an estate plan, you can do the same for your pets. You can also include special instructions about the re-homing, medical, dietary, and other needs of your pets.
Also, while animals cannot legally inherit money, you can leave a specific gift of money to the person who will be caring for your pets to be used for your pet’s health and benefit. Or, you can set aside funds in a pet trust for this purpose. If you would like to use your estate planning documents to help animals more generally, you can include a gift to an animal-related charity, including the Kootenai County Humane Society or the SPCA.
Whatever your estate planning goals are, the attorneys of Coyle & Eyman Elder Law are here to help!
