The New York City Bar Association’s “Committee on Animal Law” recently released a helpful report on the many different legal issues to consider regarding the care of your pet in an uncertain future. The document offers a comprehensive examination of a wide range of issues which many fail to consider. It is worthwhile to review the whole thing if you are interested in some of the more detailed aspects of estate planning with pets in mind. A free .pdf copy of the report can be viewed online here.
The sad reality is that most pet owners give only cursory thought to what might happen to their furry friend in the event of a death or hospitalization. In most cases the extent of the planning is when an elderly individual or one with a serious illness considers another person to take ownership. Obviously that is a good first step, but it is important to ensure those wishes are actually guaranteed via legal documents. Also, identifying a new owner is just the beginning of effective planning for pets.
For example, many problems arise in the time period between an owner’s death and the admission of a Will to probate. Even if a Will includes specifics about new ownership and the providing of provisions, the intermediary time may be left open. This can cause serious problems, which provide immense stress on the animal as well as those working to handle affairs in the aftermath of the passing. Similarly, the provisions of a Will are of little use if an owner is hospitalized and alternative pet care needs to be arranged.
Solving these issues is not necessarily straightforward, and there is not a one-size-fits-all solution. The NYC Bar report, however, provides a helpful list of options to fill these estate planning gaps and ensure your pet’s care is not compromised. For example, the journal explores the ways to use shelters or charitable organizations if friends/relatives are not available. It also discusses the need for emergency instructions to provide short-term care in the event of hospitalization or illness.
The bottom line: There is much more to planning for one’s pets than talking to a friend casually or even including certain provisions in a Will. A more comprehensive plan may bring more peace of mind to many NY residents.
For assistance with any number of estate planning concerns in New York City or throughout the state, please contact our legal team today.