A healthy Shih Tzu dog is euthanized to fulfill its late owner’s will. Now the question on everyone’s mind is – is it legal for a pet owner to determine their pet should be put to bed because they won’t be around to care for them? Principal Jason Smolen is featured on People Magazine, WUSA9’s Off Script and WTOP to weigh in on whether that last wish is really legal – and how to handle estate planning for your pets.
Are pets considered property in Virginia?
“In Virginia, as elsewhere, animals are property. Unless you make specific plans for your pets, their disposition rests in the discretion of your executor or estate administrator. As with other property, they can give away or sell your pets,” says Smolen.
Because pets are property in the eyes of the law, it is legal for the owner of a pet to “dispose of them in their will as they would during their lives. But legal is not the same as ethical/moral and the law may change as a result of these types of cases,” Smolen adds.
There are many cases where pet owners die without a plan in place for their surviving pets, which results in “confusion” and, in some cases, the pet ending up in a shelter. Pet owners should know the options available to ensure their pet is cared for after their death. Here are three essential tips for pet owners:
Create a pet trust
A pet trust is like a savings account for your pet. With a pet trust, the owner can outline how they would like the pet taken care of, how the pet trust money should be spent, and any other special needs the pet might have. Pet owners should also meet with assigned caretakers and trustees to eliminate any confusion and ensure they are all aware and on-board with the plan. Pet owners should update their pet trust and will whenever they get new pets or as their pets pass away.
Think about how much money you want to leave to your pet in the pet trust
The amount of money in your pet trust should be based on your available assets and the cost of caring for the pet. For example, taking care of a horse will require more money than a cat. Any money you put into a trust will not be available to meet the needs of your other beneficiaries.
Make sure to include your pet in your will
The law doesn’t take a warm-and-fuzzy view of pets, treating them simply as tangible personal property when their owner dies. That’s why pet owners should also include their pet in their will. The will should name a specific caretaker, and provide a detailed plan spelling out care instructions and financial arrangements, especially if there is no immediate family member to take care of the pet once its owner passes.
Read the full story on People Magazine here.
Watch Smolen on WUSA9’s Off Script:
Listen to Smolen on WTOP Radio:
Related Content:
About the Author
Jason Smolen
Jason Smolen is a founding principal of SmolenPlevy. Smolen’s knowledge of complex estate and business issues has drawn the attention of ABC News, USA Today, E! Online, Realty Times and the Bank of America Small Business Online Community. Mr. Smolen is a graduate of the City College of the City University of New York and the George Mason University School of Law. Smolen also serves as a board member of a local citizens association and recently co-authored an article titled Why You Should Think About Spousal Limited Access Trusts (SLATS).
