Gifting your pet in your Will does not legally obligate your caregiver to take over the care and maintenance of your pet nor does it provide a satisfactory funding method. You can also gift funds that are intended to be used to care for your pet; however, once gifted in a Will, the funds become the property of the beneficiary to do with as he/she pleases which provides no guarantees that your pet will be cared for as you wished. In addition, gifting a pet in a Will does not address the possibility of your incapacity because the terms of a Will only apply in the event of the Testator’s death, not incapacity.
Why do I need to transfer “ownership” of my pet?
You may not think of your pet as property; however, the law considers an animal to be property. Therefore, ownership of that “property” needs to be legally transferred to a new owner after your death. In the event of your incapacity, someone needs the legal authority to take control of that “property” during your incapacity. In addition, by making it clear who you wish to be your pet’s new “owner” you can help prevent disputes that could arise if more than one friend or family member wants to take over your pet’s care.
Is it okay to leave a pet to someone that I name in a will?
Yes, a pet is considered to be your property, and you can transfer property through the terms of a will. This may sound like an instance of overstating the obvious, but you should make sure that the person that you have in mind is willing to care for the pet after you are gone.
It is also important to consider the anticipated longevity of the individual who would be inheriting the animal.
Do I still need pet planning if I already made a verbal agreement with someone?
People frequently make the mistake of relying on nothing more than a verbal agreement with a family member or friend to care for their pet in the event of their death or disability. There are numerous problems with this option. First, your intended caregiver could be unable or unwilling to fulfill the agreement when the time comes and there is no legal way to enforce the agreement. Second, although you may not view your pet as your property, the law does, and a verbal agreement does not legally transfer ownership. Finally, a verbal agreement does not provide a funding method for the continued care and maintenance of your pet.
Can I leave money to my pet in a last will?
Under the laws of the state of Ohio, there are no provisions for property ownership for animals. So the answer is no, you cannot leave money to your pet in a last will.
Do I need a pet plan?
Most people do not think to include the family pet in their estate plan either because they are not aware it is possible, don’t think it’s necessary, or are unsure how to do so. If you consider your pet to be part of the family, why wouldn’t you include him/her in your estate plan? Including your family pet in your estate plan allows you the peace of mind that comes with knowing your pet will be well cared for if you are unable to provide that care one day.